Since NIL collectives primarily are for the benefit of private interests (those of the individual athletes), rather than public interests, they are generally not eligible for 501(c)(3) status. And it would be kind of ridiculous if they were. Tax exemptions for charitable donations were pretty clearly never intended to incentivize rich people to fund their favorite sports teams.I thought when this got started there was some question about this fitting within 501(c)(3). It could be written off if the NIL is used as an advertisement perhaps but even then the amount of compensation seems totally not aligned with the alleged business purpose. Maybe that has all been solved by now but only with some fancy footwork by tax lawyers.
The business expenditure piece probably does work. It would be a question of how hard the IRS wants to push back, and given the perennially undermanned nature of the IRS, which has been further exacerbated by the current climate, my guess is it would not be that hard to get away with right now.
NIL Collectives Ineligible Tax Exempt Status | IRS Penalties
The IRS has recently issued a memorandum asserting that Name Image Likeness (NIL) collectibles are not tax-exempt.