S.Amdt. 750Senate113th Congress (2013-2015)

S.Amdt. 750

What it does: Adds SEC. __. PROPERLY REDUCING OVEREXEMPTIONS FOR SPORTS ACT wherever appropriate
Sponsored by Tom CoburnSen. Tom Coburn (R-OK)
Submitted April 24, 2013

What it changes

1 change to S. 743

Adds a section
  1. Adds SEC. __. PROPERLY REDUCING OVEREXEMPTIONS FOR SPORTS ACT wherever appropriate

    Adds a section

    Inserted: SEC. __. PROPERLY REDUCING OVEREXEMPTIONS FOR SPORTS ACT.

    Inserted: (a) In General.--This section may be cited as the "Properly Reducing Overexemptions for Sports Act" or the "PRO Sports Act".

    Inserted: (b) Findings.--Congress makes the following findings:

    Inserted: (1) The National Football League (NFL), National Hockey League (NHL), PGA Tour, and Ladies Professional Golf Association (LPGA) each have league offices that are registered with the Internal Revenue Service as non-profit organizations under section 501(c)(6) of the Internal Revenue Code of 1986.

    Inserted: (2) League-wide operations of the NFL, NHL, PGA Tour, and LPGA generate an estimated $13 billion in annual revenue, and these businesses are unmistakably organized for profit and to promote their brands.

    Inserted: (3) Separate from their subsidiaries, the nonprofit league offices of the NFL, NHL, PGA Tour, and LPGA had annual gross receipts of $184.3 million, $89.1 million, $1.4 billion, and $73.7 million in 2010, respectively, for a combined total of over $1.7 billion, according to each organization's publicly available Form 990 filed with the Internal Revenue Service.

    Inserted: (4) According to the Internal Revenue Service, section 501(c)(6) of the Internal Revenue Code of 1986 is for groups looking to promote a "common business interest and not to engage in a regular business of a kind ordinarily carried on for profit".

    Inserted: (5) According to the Internal Revenue Service, businesses that conduct operations for profit on a "cooperative basis" should not qualify for tax-exempt treatment under section 501(c)(6) of the Internal Revenue Code of 1986.

    Inserted: (c) Elimination of Specific Exemption for Professional Football Leagues.--Paragraph (6) of section 501(c) of the Internal Revenue Code of 1986 is amended--

    Inserted: (1) by striking ", or professional football leagues (whether or not administering a pension fund for football players)", and

    Inserted: (2) by inserting "or" after "real-estate boards,".

    Inserted: (d) Special Rules Relating to Professional Sports Leagues.--Section 501 of the Internal Revenue Code of 1986 is amended--

    Show 6 more inserted paragraphs

    Inserted: (1) by redesignating subsection (s) as subsection (t), and

    Inserted: (2) by inserting after subsection (r) the following new subsection:

    Inserted: "(s) Special Rules Relating to Professional Sports Leagues.--No organization or entity shall be treated as described in subsection (c)(6) if such organization or entity--

    Inserted: "(1) is a professional sports league, organization, or association, a substantial activity of which is to foster national or international professional sports competitions (including by managing league business affairs, officiating or providing referees, coordinating schedules, managing sponsorships or broadcast sales, operating loan programs for competition facilities, or overseeing player conduct) and

    Inserted: "(2) has annual gross receipts in excess of $10,000,000.".

    Inserted: (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 750. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 743, to restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROPERLY REDUCING OVEREXEMPTIONS FOR SPORTS ACT.

(a) In General.--This section may be cited as the “Properly Reducing Overexemptions for Sports Act” or the “PRO Sports Act”.

(b) Findings.--Congress makes the following findings:

(1) The National Football League (NFL), National Hockey League (NHL), PGA Tour, and Ladies Professional Golf Association (LPGA) each have league offices that are registered with the Internal Revenue Service as non-profit organizations under section 501(c)(6) of the Internal Revenue Code of 1986.

(2) League-wide operations of the NFL, NHL, PGA Tour, and LPGA generate an estimated $13 billion in annual revenue, and these businesses are unmistakably organized for profit and to promote their brands.

(3) Separate from their subsidiaries, the nonprofit league offices of the NFL, NHL, PGA Tour, and LPGA had annual gross receipts of $184.3 million, $89.1 million, $1.4 billion, and $73.7 million in 2010, respectively, for a combined total of over $1.7 billion, according to each organization's publicly available Form 990 filed with the Internal Revenue Service.

(4) According to the Internal Revenue Service, section 501(c)(6) of the Internal Revenue Code of 1986 is for groups looking to promote a “common business interest and not to engage in a regular business of a kind ordinarily carried on for profit”.

(5) According to the Internal Revenue Service, businesses that conduct operations for profit on a “cooperative basis” should not qualify for tax-exempt treatment under section 501(c)(6) of the Internal Revenue Code of 1986.

(c) Elimination of Specific Exemption for Professional Football Leagues.--Paragraph (6) of section 501(c) of the Internal Revenue Code of 1986 is amended--

(1) by striking “, or professional football leagues (whether or not administering a pension fund for football players)”, and

(2) by inserting “or” after “real-estate boards,”.

(d) Special Rules Relating to Professional Sports Leagues.--Section 501 of the Internal Revenue Code of 1986 is amended--

(1) by redesignating subsection (s) as subsection (t), and

(2) by inserting after subsection (r) the following new subsection:

“(s) Special Rules Relating to Professional Sports Leagues.--No organization or entity shall be treated as described in subsection (c)(6) if such organization or entity--

“(1) is a professional sports league, organization, or association, a substantial activity of which is to foster national or international professional sports competitions (including by managing league business affairs, officiating or providing referees, coordinating schedules, managing sponsorships or broadcast sales, operating loan programs for competition facilities, or overseeing player conduct) and

“(2) has annual gross receipts in excess of $10,000,000.”.

(e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

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Floor Latest Action

Senate amendment submitted

April 24, 2013