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Commercial and Tax-Free

May 20, 2009

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WASHINGTON -- Between 60 and 80 percent of athletic departments' revenue in Division IA of the National Collegiate Athletic Association comes from "activities that can be described as commercial," according to a study issued Tuesday by the Congressional Budget Office.

While athletic officials have long tried to describe their activities as fundamentally similar to the rest of their institutions, the Congressional report suggests otherwise. It finds that the proportion of commercial revenue is seven to eight times that for the rest of the institutions' activities. As a result, athletics programs may have "crossed the line from educational to commercial endeavors," the Congressional review found. (Outside of the NCAA's top division, it found significant, but much reduced commercial revenue -- 20 to 30 percent in the rest of Division I).

Some critics of big-time college athletics have hoped that this study would prompt challenges to the tax-exempt status enjoyed by college athletics, but the report suggests otherwise.

"Removing the major tax preferences currently available to university athletic departments would be unlikely to significantly alter the nature of those programs or garner much tax revenue even if the sports programs were classified, for tax purposes, as engaging in unrelated commercial activity," the report says. "As long as athletic departments remained a part of the larger nonprofit or public university, schools would have considerable opportunity to shift revenue, costs, or both between their taxed and untaxed sectors, rendering efforts to tax that unrelated income largely ineffective. Changing the tax treatment of income from certain sources, such as corporate sponsorships or royalties from sales of branded merchandise, would be more likely to affect only the most commercial teams; it would also create less opportunity for shifting revenue or costs."

The CBO used data from documents filed by college athletic programs with the NCAA -- and provided first to The Indianapolis Star for an investigation it conducted -- to construct this analysis of commercial and non-commercial revenue sources for IA programs in 2004-5.

Sources of Revenue for NCAA Division IA Athletic Programs, 2004-5

Source Average Revenue Share of Revenue
Commercial    
--Ticket sales $8,900,000 25.4%
--Conference contributions $5,500,000 15.6%
--Advertisements $2,100,000 5.8%
--Media rights $1,100,000 3.0%
--Guarantees $900,000 2.5%
--Items sold on game day $1,000,000 2.7%
--Investments $800,000 2.2%
--Sports cams $500,000 1.3%
--Third party support $200,000 0.5%
--Other $800,000 2.4%
Noncommercial    
--Student fees $2,900,000 8.1%
--Institutional support $2,500,000 7.0%
--Facilities and administrative support $600,000 1.6%
--Government supp $400,000 1.0%
Contributions $7,300,000 20.8%
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Comments on Commercial and Tax-Free

  • Not surprising, when you think about it
  • Posted by Mike Hickerson , Former Charity Ethics Watchdog on May 20, 2009 at 10:15am EDT
  • From what I can tell, this seems to make sense. Universities are such large entities, even the largest sports programs are still a small percentage of the overall organization's revenue, so it wouldn't effect their overall tax status all that much, except perhaps as unrelated business income (and at least some of it is probably already classified as such). I like John Colombo's suggestion elsewhere in IHE that university athletics be required to complete a special additional form (as hospitals already do). If this form were part of the public portion of the 990, then the multitudes of reporters and bloggers following college athletics would encourage accountability.

    For example, it's nearly impossible to determine what big-time college coaches really make as income - they usually have salaries from both the U and the U's foundation, plus endorsement deals from athletic companies, radio and TV deals, book deals, and so on. Bloggers will know who has what deals, so they would be able to check the U's 990 form against their own research on the coach's financial sources. (And why does it matter what the coaches make? Well, 990s and governments already make salary information public for their employees - it's the same argument about transparency, accountability, etc. If you find out that the coach's deal with Nike dwarfs his salary from the U, now you know which master he's really serving - and perhaps one line item that can be cut from the U's budget.)