R15-2C-604 Nonresident Members of Professional Athletic Teams A.

The Arizona source income of a nonresident individual who is a member of a professional athletic team includes that portion of the individual’s total compensation for services rendered as a member of the professional athletic team during a taxable year which the number of duty days spent within Arizona ren- dering services for the team in any manner during the taxable year bears to the total number of duty days spent both within and without Arizona during the taxable year. Duty days shall be included in the taxable year in which they occur. B. Travel days that do not involve a game, practice, team meet- ing, promotional caravan or other similar team event in Ari- zona are not considered duty days spent in Arizona. However, these travel days shall be considered in the total duty days spent both within and without Arizona. C. For purposes of this Section: 1. The term “professional athletic team” includes, but is not limited to, any professional baseball, basketball, football, soccer, or hockey team. 2. The term “member of a professional athletic team” includes employees who are active players, players on the disabled list, and any other persons required to travel and who travel with and perform services for a professional athletic team on a regular basis. This includes, but is not limited to, coaches, managers, trainers, and broadcasters. 3. The term “duty days” includes: a. All days during a taxable year from the beginning of a professional athletic team’s 1st regular game of the season through the last game in which the team com- petes or is scheduled to compete except: i. If a person joins a team during the period described in subsection (C)(3)(a), the person’s duty days shall begin on the day the person joins the team. Conversely, if a person leaves a team during the period described in subsection (C)(3)(a), the person’s duty days shall end on the day the person leaves the team. If a person switches teams during the taxable year, a sepa- rate duty day calculation shall be made for the period the person is with each team. ii. Days for which a member of a professional ath- letic team is not compensated and is not render- ing services for the team in any manner, including days when the member is suspended without pay and prohibited from performing any services for the team, shall not be treated as duty days. b. Days that do not fall within the period described in subsection (C)(3)(a) on which a member of a profes- sional athletic team renders a service for a team, except practice days and exhibition games before the 1st regular game of the season (for example, partici- pation in instructional leagues, the “Pro Bowl,” or promotional events). Rendering a service includes conducting training after the 1st regular game of the season and rehabilitation activities, but only if con- ducted at the team facilities. c. Game days (except exhibition games, practice days, and days spent at team meetings after the 1st regular game of the season), promotional events, and days served with the team through all post-season games in which the team competes or is scheduled to com- pete. d. Days on the disability list. However, days for which a member of a professional athletic team is on the disabled list and does not conduct rehabilitation activities at team facilities in Arizona and is not oth- erwise rendering services for the team in Arizona, shall not be considered duty days spent in Arizona. e. The provisions of this subsection can be illustrated by the following examples: Example 1: Player A, a member of a professional athletic team, is a nonresident of Arizona. Player A’s contract for the team requires A to report to the team’s training camp and to participate in all exhibi- tion, regular season, and playoff games. Player A has a contract that covers seasons that occur during year1/year2 and year2/year3. Player A’s contract provides that A receives $500,000 for the year1/ year2 season and $600,000 for the year2/year3 sea- son. Assuming player A receives $550,000 from the contract during taxable year 2 ($250,000 for one- half the year1/year2 season and $300,000 for one- half the year2/year3 season), the portion of the com- pensation received by player A for taxable year 2, attributable to Arizona, is determined by multiplying the compensation player A receives during the tax- able year ($550,000) by a fraction, the numerator of which is the total number of duty days player A spends rendering services for the team in Arizona during taxable year 2 (attributable to both the year1/ year2 season and the year2/year3 season) and the denominator of which is the total number of player A’s duty days spent both within and without Arizona for the entire taxable year. Example 2: Player B, a member of a professional athletic team, is a nonresident of Arizona. During the season, B is injured and is unable to render ser- vices for B’s team. While B is undergoing medical treatment at a clinic, which is not a team facility, but is located in Arizona, B’s team travels to Arizona for a game. The number of days B’s team spends in Ari- zona for practice, games, meetings, and other activi- ties, while B is present at the clinic, are not considered duty days spent in Arizona for B for that taxable year for purposes of this Section, but the days are included within total duty days spent both within and without Arizona. Example 3: Player C, a member of a professional athletic team, is a nonresident of Arizona. During the season, C is injured and is unable to render ser- vices for C’s team. C performs rehabilitation exer- cises at the team facilities in Arizona as well as at personal facilities in Arizona. The days C performs rehabilitation exercises in the team facilities are duty days spent in Arizona for C for that taxable year for purposes of this Section. However, days C spends at personal facilities in Arizona are not duty days spent in Arizona for C for the taxable year for purposes of this Section, but these days are included within total duty days spent both within and without Arizona. Example 4: Player D, a member of a professional athletic team, is a nonresident of Arizona. During the season, D travels to Arizona to participate in the annual all-star game as a representative of D’s team. The number of days D spends in Arizona for prac- tice, the game, meetings, etc., are duty days spent in Arizona for D for the taxable year for purposes of this Section, as well as being included within total duty days spent both within and without Arizona. Example 5: Assume the same facts as given in example 4, except that player D is not participating in the all-star game and is not rendering services for D’s team in any manner. Instead D is travelling to and attending the game solely as a spectator. The number of days D spends in Arizona for the game are not duty days spent in Arizona for purposes of this Section. However, these days are included within total duty days spent both within and without Arizona. 4. The term “total compensation for services rendered as a member of a professional athletic team” means the total compensation received during the taxable year for ser- vices rendered from the beginning of the official pre-sea- son training period through the last game in which the team competes or is scheduled to compete during the tax- able year. Total compensation includes compensation received for services that are rendered during the taxable year on a date that does not fall within this period (for example, participation in instructional leagues, the “Pro Bowl,” or promotional events). 5. For purposes of subsection (C)(4) total compensation includes, but is not limited to, salaries, wages, bonuses as described in subsection (C)(6), and any other type of compensation paid during the taxable year to a member of a professional athletic team for services performed during the year. Total compensation does 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. 6. For purposes of this Section, “bonuses” included in “total compensation for services rendered as a member of a pro- fessional athletic team” subject to the allocation described in subsection (A) are: a. Bonuses earned as a result of play (for example, per- formance bonuses) during the season, including bonuses paid for championship, playoff or “bowl” games played by the team, or for selection to all-star league or other honorary positions; and b. Bonuses paid for signing a contract, unless all of the following conditions are met: i. The payment of the signing bonus is not condi- tional upon the signee playing any games for the team, or performing any subsequent ser- vices for the team, or even making the team; ii. The signing bonus is payable separately from the salary and any other compensation; and iii. The signing bonus is nonrefundable. D. If it is demonstrated that the method provided under this Sec- tion does not fairly and equitably apportion compensation, the Department may allow the member of a professional athletic team to apportion and allocate compensation under an alterna- tive method prescribed by the Department as long as the pre- scribed 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 com- pensation if the nonresident member demonstrates that the method provided under this Section does not fairly and equita- bly apportion compensation. The proposed method must be fully explained in the nonresident member’s Arizona nonresi- dent personal income tax return. E. This Section is effective January 1, 2001. Historical Note New Section adopted by final rulemaking at 6 A.A.R. 4504, effective January 1, 2001 (Supp. 00-4).