I don't see how they can now say the schollys are not "salary" with this new structure.
Because, under existing tax law, they could be fairly easily structured such that they don't need to be included in gross income.
Here is an analysis of exactly this question:
https://lira.bc.edu/work/sc/801a2f33-926e-405d-97f2-16bb67bb84d7
The quick summary is that it wouldn't be hard for universities to structure their athletic scholarships in ways that would keep the educational expenses exempted from taxes. The portions of scholarships that are for room and board are already taxable, in most instances. Only the value of the direct academic expenses, such as tuition and books, is excluded from taxation.
It is a benefit received for service rendered.
Not all benefits received for employment are taxable.
The IRS and state tax authorities will want their hands on all of that.
In 2014, Sen Richard Burr argued that, if scholarship athletes become employees, then their scholarships should be taxed. IRS Commissioner John Koskinen responded with a letter saying that this was incorrect.
I fully suspect the power 5 will move to a model that has their paid athletic departments (football and men's, possibly women's basketball) be a new entity where they license the school names, all that, but the employees (i.e. athletes) will not be real students unless they get admitted through the general pool and pay like everyone else. Scholly can be part of that payment but it is 'income' like getting a check. There is a chance non-revenue sports could still survive in the current structure.
I'm not saying that universities aren't short sighted enough to try something like this, but, over the long term, it's probably pretty stupid. College football and basketball only generate as much revenue as they do because they are a part of their universities. As you start to sever that connection, and turn them more explicitly into professional minor leagues, my guess is that the universities would learn why it is that the AHL and baseball's minor leagues generate a lot less revenue than college football and basketball.
This looks like it will force the split between the power 5 and everyone else. I fully expect nearly all other non-power 5 to follow the ivy model of no scholly, benefits, etc., other than admission for playing the sport. Things are starting to get really out of hand here. NCAA sports works very well for everyone not playing power 5 football and basketball. I'm not sure why they can't just split that out and leave everything else alone.
I have no idea why you would think that the Power 5 conferences paying their players has any impact at all on whether it makes sense for non-Power 5 schools to offer scholarships.