Wis. Admin. Code § Tax 2.31 — Compensation received by nonresident members of professional athletic teams

Tax 2.31(1) (1) Scope. This section apportions and allocates to Wisconsin, in a fair and equitable manner, a nonresident employee’s total compensation for services rendered in Wisconsin as a member of a professional athletic team. The section does not apply to employees domiciled in a state with which Wisconsin has a reciprocity agreement.

Tax 2.31(2) (2) Definitions. In this section:

Tax 2.31(2)(a) (a) Except as provided in subds. 1. and 2. , “duty days” means all days during the taxable year from the beginning of a professional athletic team’s official pre-season training period through the last game in which the team competes or is scheduled to compete and days on which a member of a professional athletic team renders a service for a team on a date outside this time period. Rendering a service includes conducting training and rehabilitation activities at the facilities of the team. Included within duty days shall be game days, practice days, days spent at team meetings, promotional caravans and preseason training camps, days spent participating in instructional leagues, days spent at special games such as the “Pro Bowl” or an “all-star” game and days served with the team through all post-season games in which the team competes or is scheduled to compete. The following exceptions to this definition apply:

Tax 2.31(2)(a)1. 1. Duty days for any person who joins a professional athletic team after the beginning of the team’s official pre-season training period shall begin on the day the person joins the team. Conversely, duty days for any person who leaves a professional athletic team before the last scheduled game shall end on the day the person leaves the team. Where a person switches professional athletic teams during a taxable year, separate duty day calculations shall be made for the periods the person was with each team.

Tax 2.31(2)(a)2. 2. Days for which a member of a professional athletic team is not compensated and is not rendering services for the team in any manner, including days when the member has been suspended without pay and prohibited from performing any services for the team, may not be treated as duty days.

Tax 2.31(2)(b) (b) “Member of a professional athletic team” includes employees who are active players, players on the disabled list or any other persons such as coaches, managers and trainers, and who are required to and do travel with and perform services on behalf of a professional athletic team on a regular basis.

Tax 2.31(2)(c) (c) “Professional athletic team” includes, but is not limited to, any professional baseball, basketball, football, hockey or soccer team.

Tax 2.31(2)(d) (d) “Total compensation for services rendered as a member of a professional athletic team” means the total compensation received during the taxable year by the member for services rendered from the beginning of the official pre-season training period through the last game in which the team competes or is scheduled to compete during that taxable year, and during the taxable year on a date outside this time period. The compensation includes, but is not limited to, salaries, wages, bonuses as described in sub. (3) (c) and any other type of compensation paid during the taxable year to a member of a professional athletic team for services performed in that year. The compensation may not include strike benefits, severance pay, termination pay, contract or option year buy-out payments, expansion or relocation payments or any other payments not related to services rendered for the team.

Tax 2.31(3) (3) Method of allocation.

Tax 2.31(3)(a) (a) General. The allocation to Wisconsin of income earned by a nonresident employee as total compensation for services rendered as a member of a professional athletic team shall be made on the basis of a fraction, the numerator of which is the number of duty days spent within Wisconsin rendering services for the team in any manner during the taxable year and the denominator of which is the total number of duty days spent both within and outside Wisconsin during the taxable year.

Tax 2.31(3)(b) (b) Duty days during the taxable year. Duty days shall be included in the fraction described in par. (a) for the taxable year in which they occur, including where a team’s official pre-season training period through the last game in which the team competes, or is scheduled to compete, occurs during more than one taxable year. The following additional provisions apply:

Tax 2.31(3)(b)1. 1. Days during which a member of a professional athletic team is on the disabled list, does not conduct rehabilitation activities at facilities of the team and is not otherwise rendering services for the team in Wisconsin, may not be considered duty days spent in Wisconsin. However, all days on the disabled list shall be included in the total duty days spent both within and outside Wisconsin.

Tax 2.31(3)(b)2. 2. Travel days that do not involve either a game, practice, team meeting, promotional caravan or other similar team event may not be considered duty days spent in Wisconsin but shall be considered in the total duty days spent both within and outside Wisconsin.

Tax 2.31(3)(c) (c) Bonuses. Bonuses which shall be included for purposes of the allocation described in par. (a) are:

Tax 2.31(3)(c)1. 1. Performance bonuses earned as a result of play during the season, including bonuses paid for championship, playoff or “bowl” games played by a team or for selection to all-star league or other honorary positions.

Tax 2.31(3)(c)2. 2. Bonuses paid for signing a contract, unless all of the following conditions are met:

Tax 2.31(3)(c)2.a. a. The payment of the signing bonus is not conditional upon the signee playing any games for the team or performing any subsequent services for the team, or even making the team.

Tax 2.31(3)(c)2.b. b. The signing bonus is payable separately from the salary and any other compensation.

Tax 2.31(3)(c)2.c. c. The signing bonus is nonrefundable.

Tax 2.31(4) (4) Alternative methods of allocation. It is presumed that application of the provisions of this section will result in a fair and equitable apportionment of compensation received by nonresident members of professional athletic teams. Where it is demonstrated that the method provided under this section does not fairly and equitably apportion the compensation, the department may require the member of a professional athletic team to apportion and allocate the compensation under a method which the department prescribes, provided the prescribed method results in a fair and equitable apportionment. A nonresident member of a professional athletic team may submit a proposal for an alternative method to apportion compensation where the member demonstrates that the method provided under this section does not fairly and equitably apportion the compensation. The proposed method shall be fully explained on the member’s Wisconsin income tax return.