A professional football player spent two working days in California in 2017. On one, his Texas team traveled there. On the other, it played a preseason game. California taxed his pay for both days, and the state's Office of Tax Appeals upheld the assessment.1

States and cities tax visiting athletes on the share of their salary earned inside their borders. Every road trip creates a tax return, and courts, city councils and contract lawyers keep changing the rules.

How a salary gets divided

Most states split an athlete's pay by duty days: every day the player works for the team, from the first day of preseason training through the last scheduled game. New York's rule names baseball, basketball, football, soccer and hockey teams directly. A player's New York income equals his total pay multiplied by his New York duty days divided by his total duty days.2

Duty days include far more than games. New Jersey counts practices, team meetings, promotional appearances and injury rehabilitation.3 Minnesota writes the same formula into state law and leaves out off-season days.4 California uses a general rule for all traveling employees that divides pay by the number of working days spent in the state.5

More opponents, more states

Baseball's schedule widened the map in 2023. Every club now plays every other club during the season, including 46 games against the other league.6 More opponents means more cities on the travel calendar and more governments with a claim on the paycheck.

Cleveland loses in court

Cleveland once taxed visiting players by counting games instead of duty days. The difference was large. NFL player Hunter Hillenmeyer worked 157 to 168 duty days a season and spent about two of them in Cleveland. In 2015 the Ohio Supreme Court ruled that the games-played method violated the due process rights of NFL players and that the city could tax only pay earned there under the duty-days method.7

The same day, the court ruled for Jeff Saturday, who missed the Cleveland game in question while rehabbing an injury in Indianapolis. Cleveland had no authority to tax him for a game he never attended.8

City taxes on top

Cities add their own charges. Philadelphia taxes nonresidents who work in the city at 3.425 percent of wages, effective July 1, 2026.9 A player earning $10 million over 180 duty days who spends three days in Philadelphia owes the city about $5,708 for that series.

Kansas City, Missouri, charges a 1 percent earnings tax and requires nonresidents to pay it on income earned inside city limits.10

California sets the top rate

California's top 2025 income tax bracket reaches 12.3 percent, and income above $1 million owes an extra 1 percent Behavioral Health Services Tax, for a top rate of 13.3 percent.11 Wages also carry State Disability Insurance, which has applied to every dollar of pay since the state removed its wage ceiling on January 1, 2024.12

Deferred pay and the move home

The largest contracts now push pay into the future. Deferred compensation is salary earned now but paid years later. Federal law bars states from taxing the retirement income of people who no longer live there, including certain deferred pay spread over at least ten years.13

Shohei Ohtani's ten-year, $700 million contract with the Dodgers defers $68 million of each $70 million annual salary. A California state senator estimated that Ohtani could avoid more than $90 million in state taxes if he lives outside California when the deferred money arrives. The state Senate passed a resolution urging Congress to cap the practice.14 The tax question shifts from where the player works to where he lives on payday.

States that dropped the tax

Some governments have walked away. Tennessee ended its professional privilege tax on NHL players for games after April 24, 2014, and on NBA players for regular season games after June 1, 2016.15

Everywhere else, the bill keeps traveling with the team. Player schedules are public, salaries are large and teams fix travel dates months ahead. No group of nonresidents is easier for a tax collector to find.

Notes

  1. Establishes the Office of Tax Appeals decision upholding the Franchise Tax Board's count of two California duty days, one travel day and one preseason game day, out of 150 for a player on a Texas team in 2017. Appeal of N. Carroll, California Office of Tax Appeals
  2. Establishes New York's duty-days allocation formula for nonresident athletes on professional baseball, basketball, football, soccer and hockey teams. 20 NYCRR § 132.22, Cornell Legal Information Institute
  3. Establishes New Jersey's definition of duty days, including practices, meetings, promotional appearances and rehabilitation. New Jersey Division of Taxation, Nonresident Athletes
  4. Establishes Minnesota's statutory duty-days formula and its exclusion of off-season days. Minnesota Statutes § 290.17
  5. Establishes California's general working-days allocation rule for nonresident employees. 18 CCR § 17951-5, Cornell Legal Information Institute
  6. Establishes the balanced schedule in which every team plays every other team, with 46 interleague games per club. MLB.com, 2023 schedule announcement
  7. Establishes the Ohio Supreme Court's holding that Cleveland's games-played method violated due process and that duty days is the proper method, and Hillenmeyer's 157 to 168 duty days per season. Hillenmeyer v. Cleveland Board of Review, 2015-Ohio-1623
  8. Establishes the Ohio Supreme Court's holding that Cleveland could not tax a player who was not present for the game. Saturday v. Cleveland Board of Review, 2015-Ohio-1625
  9. Establishes Philadelphia's 3.425 percent nonresident Wage Tax rate effective July 1, 2026, and its application to nonresidents working in the city. City of Philadelphia, Wage Tax
  10. Establishes Kansas City's 1 percent earnings tax and its application to nonresidents earning income in the city. City of Kansas City, Missouri, Earnings Tax
  11. Establishes California's 2025 top bracket and the 1 percent Behavioral Health Services Tax on taxable income above $1 million. California Franchise Tax Board, 2025 Form 540 Booklet
  12. Establishes the elimination of the State Disability Insurance taxable wage ceiling as of January 1, 2024. California Employment Development Department, Contribution Rates
  13. Establishes the federal bar on state taxation of nonresidents' retirement income, including qualifying deferred compensation paid over at least ten years. 4 U.S.C. § 114, Cornell Legal Information Institute
  14. Establishes the Ohtani deferral terms, the senator's estimate of state tax avoided, and the Senate resolution urging a federal cap. California State Senator Josh Becker, press release, April 15, 2024
  15. Establishes Tennessee's elimination of its professional privilege tax on NHL and NBA players. Tennessee Department of Revenue, Professional Privilege Tax for Athletes

The views expressed are the author’s own and are offered as general commentary. They do not constitute legal, tax, investment or accounting advice.