New Bill Seeks Revocation of PGA [and other billion dollar] sports leagues’ tax exemption

Two representatives, one Democrat and one Republican have introduced a new bill to revoke PGA’s 501(c)(6)  status.  The press release has links to the bill:

This week, Reps. Mike Thompson (CA-04) and Vern Buchanan (FL-16) introduced a bipartisan bill making sports leagues that meet certain criteria ineligible for tax treatment as a business league under IRC Section 501(c)6. The bill was prompted by broad bipartisan concern at the reported merger of the Professional Golfer’s Association (PGA) and LIV Golf, a nascent golf venture backed by the Saudi Public Investment Fund (PIF).

“The proposed PGA-LIV merger raises serious concerns. Nonprofit tax treatment should be reserved for institutions and charities that help everyday Americans – not billion-dollar sports leagues backed by Saudi government money. I look forward to working with my colleagues on both sides of the aisle to achieve that goal as the PGA and LIV continue their negotiations,” said Thompson.

“With billions of dollars in annual revenue and record profits streaming in, coupled with their looming partnership with Saudi Arabia’s sovereign wealth fund, why in the world should hardworking American taxpayers subsidize the PGA’s tax-exempt status? We should be supporting local charities on Main Street, not foreign-backed professional sports organizations that are not dedicated to benefitting the American people,” said Congressman Buchanan. “That’s why I’m pleased to introduce this legislation with Congressman Thompson to end this special-interest giveaway and require the PGA to pay taxes, just like every other American business.”

In June of 2023, a deal was announced to merge the PGA Tour and LIV Golf. The proposed deal would have the Saudi Public Investment Fund (PIF) contribute “its golf-related commercial business and rights (including LIV Golf), along with a significant financial investment, toward minority equity ownership of a new, collectively held, for-profit LLC.” In the months since, few details of the agreement have been made public, including whether the merger would result in multiple entities with different tax treatments.

The legislation introduced by Reps. Thompson and Buchanan applies to sports leagues with annual gross receipts exceeding $1 billion during any of the preceding five tax years.

The bill text can be found here.

I don’t think a bill is needed and 501 already has almost the entire alphabet’s worth of  subsections.  501(c)(3) has what, about 30 different subdivisions already?  I just have a pragmatic bent against over legislation, especially when its motivated by nativism.  Would there be a bill in Congress if the PGA signed a multi-year exclusive “sponsorship” agreement with a domestic venture capital firm amounting to a de facto partnership?  Probably not, even though there would be serious hints of private benefit.  And those concerns could be addressed by applying and evolving existing private benefit jurisprudence.  I just think the whole system works better when we let the Service and the Courts do their jobs.  We already have enough tax standards to police this particular joint venture.

darryll k. jones