You are mixing issues
Posted on: January 13, 2025 at 16:12:28 CT
SatoriTiger JC
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There is the NIL issue previously, which is technically not money the school can directly dole out. Of course schools direct how it's used, but that is not money that comes from an endowment or any other 501(c)(3) the school directly controls.
Then there is the now proposed settlement in the House case that allow for revenue sharing and for schools to directly pay NIL money. But that is capped at 22% (it may increase over the years) of the revenue received from sales of tickets, media rights, and sponsorship. It does not allow for or alter the use of a school's endowment for paying players. And it requires a school to opt into (if not a power 5 school already) into the revenue sharing.
It's not correct that Harvard can do whatever it wants with its endowment. That is untrue from both a tax-law perspective and from any of the settlements.