Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
Solomon R Guggenheim Foundation
Employer identification number
13-5562233
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
25,150,974
43,897,406
26,061,044
17,818,534
22,336,405
135,264,363
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
0
0
0
0
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
0
0
0
0
0
4
Total. Add lines 1 through 3..
25,150,974
43,897,406
26,061,044
17,818,534
22,336,405
135,264,363
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
17,310,791
6
Public Support. Subtract line 5 from line 4.
117,953,572
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
25,150,974
43,897,406
26,061,044
17,818,534
22,336,405
135,264,363
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
4,952,093
4,480,098
1,283,607
924,743
1,950,033
13,590,574
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
1,653,153
1,256,146
310,018
1,458,045
1,837,933
6,515,295
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
106,370
37,500
0
0
0
143,870
11
Total support (Add lines 7 through 10).
155,514,102
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
181,923,053
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
75.848 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
72.946 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Part II, line 10 - Fire proceeds; sale of used equipment and furniture.
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000077
Software Version:
v1.00
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
Solomon R Guggenheim Foundation
Employer identification number
13-5562233
Identifier
Return Reference
Explanation
F990_P01_S00_L05
Form 990, Part I, Line 5
The Foundation employs 382 full time employees. Due to the nature of the organization, SRGF employs a significant number (190) of temporary changeover employees to perform exhibition installations and deinstallations. There were an additional 195 employees hired for a temporary exhibition in 2010.
F990_P06_S0A_L01a
Form 990, Part VI, Section A, Line 1a
The Foundation's by-laws provide that the Executive Committee may exercise all of the powers of the Board during the intervals between meetings of the Board of Trustees, except (1) the power of removing Trustees or officers elected by the Trustees, and (2) the power to fill vacancies which may occur in the Executive Committee. The Executive Committee shall fix the salaries of the Director and any other trustees or officers that receive compensation. The by-laws also provide that the Executive Committee shall be composed of at least seven and not more than sixteen Trustees including the Chairman, President and Honorary Chairman to the extent such positions are filled. On December 31, 2010, there were 13 Trustee-members of the Executive Committee. There are no non-Trustee members of the Executive Committee.
F990_P06_S0A_L02
Form 990, Part VI, Section A, Line 2
Peter Lawson-Johnston, Peter Lawson-Johnston II and Wendy McNeil, family and business relationship. Mark Walter, Peter Lawson-Johnston II, business relationship. William Mack and Robert Baker, business relationship. William Mack and Stephen Ross, business relationship. William Mack and Edward Meyer, business relationship. William Mack and John Wadsworth, business relationship. Edward Meyer and Robert Baker, business relationship.
F990_P06_S0A_L09
Form 990, Part VI, Section A, Line 9
Amy West - AHRC New York City, 83 Maiden Lane, New York, NY 10038
F990_P06_S0B_L11a
Form 990, Part VI, Section B, Line 11a
The Foundation's Form 990 is prepared with the cooperation of its Finance and Legal departments. It is then reviewed by our Chief Financial Officer, Deputy Director and General Counsel and Senior Deputy Director and Chief Operating Officer. The draft of Form 990 is then distributed to the Audit and Executive Committee members for review. A meeting is held with the Audit and Executive Committees for further review and approval. The Form 990 is then distributed to our Board of Trustees prior to filing.
F990_P06_S0B_L12c
Form 990, Part VI, Section B, Line 12c
Pursuant to the Conflict of Interest Policy for the Trustees and Officers, the Trustee and Officers disclose annually any potential or actual conflicts. The Governance and Nominating Committee reviews the forms together with the Deputy Director and General Counsel. Pursuant to the Code of Ethics, employees complete an annual certification in which they must disclose any transactions or relationships that may give rise to a potential or actual conflict of interest with the organization. In addition, employees considering entering into any such transaction or relationship must obtain approval in advance from either the employee's supervisor or the Ethics Committee, in accordance with the Code of Ethics. The Director of the organization, who is both an officer and an employee, must disclose any transaction or relationship that may give rise to a conflict of interest to the Governance and Nominating Committee of the Board of Trustees. The Deputy Director and General Counsel and Human Resources department reviews employees disclosure. All new hires are presented with a hard copy of the Code of Ethics, which is also available electronically on the museum's intranet. Highlights of the policy are discussed during new hire orientation and examples are given. All new employees are asked to sign a statement attesting to the fact that they have been given a copy of the Code of Ethics, that it has been explained to them, and that they are responsible for adhering to all provisions in the policy document. In addition, semi-annual meetings are held to review the Code of Ethics with current staff.
F990_P06_S0B_L15
Form 990, Part VI, Section B, Line 15
The charter for the Compensation Committee of the Board of Trustees describes the process the committee uses for determining the compensation of the Director and other executive staff of the Foundation. The "executive staff" of the Foundation includes all officers and key employees of the Foundation. That process includes: (i) review and approval by the Compensation Committee; (ii) the use of comparative data; and (iii) contemporaneous substantiation of the deliberations and decisions, reflected in the minutes of the Compensation Committee. The Compensation Committee consists entirely of independent Trustees. This process was used each time salary changes were considered (including in 2010) for the Director of the Foundation; The Director of the Peggy Guggenheim Collection; the Senior Deputy Director and Chief Operating Officer; the Deputy Director and General Counsel; the Deputy Director and Chief of Global Communications; and the Deputy Director and Chief Curator.
F990_P06_S0B_L16a
Form 990, Part VI, Section B, Line 16a
The Foundation did not invest in, contribute assets to, or otherwise participate in any joint ventures with taxable entities in the tax year, nor did it invest in, contribute assets to or otherwise participate in any arrangement it believes is similar to a joint venture. However, given the broad definition of "joint ventures or similar arrangement" in the instructions to this question, the Foundation answered this question "yes" in recognition of the fact that it has entered into contractual relationships with For Profit entities which fund mission-related exempt-purpose activities.
F990_P06_S0B_L16b
Form 990, Part VI, Section B, Line 16b
The Foundation has a written policy, adopted by management, that requires it to evaluate its participation in joint venture and similar arrangements under applicable federal law and to safeguard its exempt status; however, this management adopted policy has not been presented to or approved by the Foundation's Board of Trustees. Such a policy will be presented to the Board of Trustees or a Board Committee before the end of 2011.
F990_P06_S0C_L19
Form 990, Part VI, Section C, Line 19
These documents are available upon request.
F990_P11_S00_L05
Form 990, Part XI, Line 5
(1) Net unrealized gains $4,319,019; (2) Foreign currency translation ($226,487)
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
Cat. No. 51056K
Schedule O (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000077
Software Version:
v1.00
-
TIN:
TY 2010 ReasonableCauseExplanation
Name:
Solomon R Guggenheim Foundation
EIN: 13-5562233
Software ID:10000077
Software Version:v1.00
Explanation:
Due to the complexity of the Form 990, more time was needed to compile the information necessary to fulfill the filing requirements.