Even if an athlete plays for a team in a high-tax state, the athlete may benefit from claiming residency in a state without an income tax, since much of the athlete’s income may escape apportionment under the duty-days rule to the high-tax state where their team is based (e.g. income from endorsements or investments or duty day income apportioned to states without an income tax). On the other hand, the desire to be a part of the community where the athlete plays his or her sport may outweigh the incremental tax savings from residing elsewhere.
Signing bonuses, which can represent a substantial part of the compensation for a team sport athlete, may represent a special opportunity from a state tax minimization perspective. The rules of states which have specifically addressed this issue typically provide that signing bonuses are not subject to the duty day apportionment rule if: (1) the bonus is not conditioned upon the athlete playing any games, performing any subsequent services for the team, or even making the team; (2) the bonus is separate from the payment of salary and other compensation; and (3) it is nonrefundable. Accordingly, a signing bonus to an athlete resident in a state with no state income tax might escape state taxation, even if the athlete signs with a team based in a high-tax state.
Kenneth H. Bridges, CPA, PFS is a partner with Bridges & Dunn-Rankin, LLP an Atlanta-based CPA firm.