Niles Elber Discusses Tax Issues Related to NIL at IRS Nationwide Tax Forum

This session highlights the most common federal tax issues for college athletes earning Name, Image and Likeness (NIL) income, performers and digital creators/influencers. We’ll focus on how these clients get paid (cash, platform payouts, sponsorships, affiliate income and in kind benefits), how those amounts are documented and reported, and the practical Schedule C/self employment tax implications. The seminar also flags paid-preparer due diligence touchpoints when refundable credits (Earned Income Tax Credit (EITC) and Child Tax Credit (CTC)/Additional Child Tax Credit (ACTC)) are claimed and the preparer-penalty exposure that can follow weak documentation. By the end of this seminar, participants will be able to:

• Recognize the federal income, self-employment, and information-reporting consequences of NIL revenue-share payments, collective contracts, and non-cash benefits for student-athletes.
• Identify the operational, private-benefit, and inurement issues that drive adverse determinations on § 501(c)(3) NIL collectives under AM 2023-004 and the post-2024 PLR sequence.
• Apply the FMV workpaper, the § 162 advertising-agreement framework, and the reasonable-compensation analysis to common NIL fact patterns.
• Locate Stakeholder Liaison and Taxpayer Advocate Service resources — including the TAS NIL Hub — for client referrals and continuing-education updates.
• Spot the Tax Court pleading and procedural traps under § 7428 declaratory-judgment jurisdiction and Tax Court Rule 34(b)(4).