Investment in college athletics: legal and tax considerations for schools | Eversheds Sutherland

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A few ways to demystify investment in college athletics

May 18, 2026

United States
United States
United States
University Business

In response to massive upheaval in college athletics, schools are thinking outside the box. Facing a budgetary crunch, higher education institutions are exploring structures to unlock new revenue streams and access to funding, including investments from third parties.

With college athletics’ popularity, ratings and revenues at all-time highs, the sidelines are filled with potential investors of all sorts waiting for a chance to get in the game. But how can a school—a highly regulated and complex nonprofit organization—accept an investment in connection with its athletics program?

In their article published by University Business, Eversheds Sutherland attorneys Anthony Del Giudice, Baird Fogel, Karl Zeswitz and Chris Rosselli explore how schools can vet alternatives by analyzing the following four considerations:

  1. tax planning
  2. existing partner obligations and evolving rights
  3. institutional and athletic department strategic aims
  4. legal and regulatory constraints

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

Services

Key contacts

anthonydelgiudice@eversheds-sutherland.com

Anthony J. Del Giudice

Partner

United States

bairdfogel@eversheds-sutherland.com

Baird D. Fogel

Partner

San Francisco, United States

karlzeswitz@eversheds-sutherland2

H. Karl Zeswitz

Partner

Washington, DC, United States

chrisrosselli@eversheds-sutherland.com

Christopher M. Rosselli

Partner

Atlanta, United States

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Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is a partnership with limited professional liability (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) under German law, with its registered seat in Munich, registered with the partnership register of the Munich District Court under PR 1947 and having its business address at Brienner Straße 12, 80333 München, Germany. Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB is part of a global legal practice consisting of separate and distinct legal entities that operate under the name Eversheds Sutherland and provide legal or other services to clients around the world. Each Eversheds Sutherland entity is a separate legal entity and is not responsible for the acts or omissions of, nor can bind or obligate, another Eversheds Sutherland entity. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.