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Royalty Income Recognition

In:

Submitted By tdaniels1996
Words 374
Pages 2
FACTS
Our client, Lisa Lesslee, a WMBA player, has received a $2 million offer from Nik Corporation to obtain the right to use Lisa’s name on shoes and apparel merchandise and in advertisements for the merchandise. Lisa is considering transferring the sole right to use her name to Nik Corporation, and has asked us to research what the federal income tax consequences would be if she was to accept the offer.

ISSUE
Income received from the transaction could be treated either as royalties’ income, or as payment for services. The treatment of income will vary if the endorsement agreement requires other services to be performed in addition to the name rights.

APPLICABLE LAW
A United States Court of Appeals case, Cepeda v. Swift & Co., 415 F.2d 1205 (8th Cir. 1969), reaffirmed that payments received for the right to use of a person’s name are considered royalties, because the person has an ownership interest in the right. Section 61(a) provides that gross income includes income from whatever source derived, including Section 61(a)(1) - compensation for services, and Section 61(a)(6) - royalties. A Tax Court case, Retief Goosen v. Commissioner, 136 T.C. 27 (2011), discussed the question of whether income received for endorsements should be classified as royalties income or payment for services.

ANALYSIS
The income Lisa will receive for giving Nik the sole right to use her name is considered taxable income. If Lisa is a United States resident for tax purposes, the tax consequences of treating the income as royalties or payment for services will not make a difference, as they are taxed equally for United States residents . On the other hand, royalties’ income for non-resident athletes is taxed at a flat rate of 30%, regardless of their ordinary tax rate. But, payments for services are considered ordinary income and are taxed the same as United States residents.

CONCLUSION
Based on the information provided by the client, it is unclear whether other services are to be performed in addition to the right to use Lisa’s name. Additionally, if the client is not a United States resident for tax purposes, it is important to classify the income received correctly, as they may provide tax benefits for the client.

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