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
NEW YORK SHAKESPEARE FESTIVAL
Employer identification number
13-1844852
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.") ....
13,206,751
14,428,142
15,868,203
13,509,910
17,433,746
74,446,752
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
13,206,751
14,428,142
15,868,203
13,509,910
17,433,746
74,446,752
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)..
4,357,984
6
Public Support. Subtract line 5 from line 4.
70,088,768
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..
13,206,751
14,428,142
15,868,203
13,509,910
17,433,746
74,446,752
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
779,807
820,787
881,076
775,547
1,034,530
4,291,747
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
2,444
2,444
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
351,600
237,685
149,341
298,700
147,123
1,184,449
11
Total support (Add lines 7 through 10).
79,925,392
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
28,746,054
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
87.690 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
89.300 %
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
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
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
NEW YORK SHAKESPEARE FESTIVAL
Employer identification number
13-1844852
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE ORGANIZATION HAS AN EXECUTIVE COMMITTEE CONSISTING OF THE CHAIRMAN OF THE BOARD, THOSE TRUSTEES WHO ARE OFFICERS OF THE CORPORATION, THOSE TRUSTEES WHO ARE CHAIRMEN OF THE AUDIT, FINANCE, AND NOMINATING COMMITTEES OF THE BOARD, AND SUCH ADDITIONAL TRUSTEES AS MAY BE ELECTED BY THE BOARD. THE EXECUTIVE COMMITTEE SHALL HAVE AND MAY EXERCISE ALL THE POWERS OF THE BOARD PERMITTED BY LAW WHEN THE BOARD IS NOT IN SESSION, EXCEPT FOR CERTAIN SPECIFIC MATTERS PURSUANT TO THE ORGANZIATION'S BY-LAWS.
FORM 990, PART VI, SECTION A, LINE 2
TRUSTEES ALEXANDRA SHIVA AND ANDREW SHIVA - FAMILY RELATIONSHIP.
FORM 990, PART VI, SECTION A, LINE 4
THE BY-LAWS WERE AMENDED DURING THE FISCAL YEAR REGARDING THE COMPOSITION AND AUTHORITY OF THE EXECUTIVE COMMITTEE.
FORM 990, PART VI, SECTION B, LINE 11
MANAGEMENT (INCLUDING BUT NOT LIMITED TO THE EXECUTIVE DIRECTOR AND CHIEF FINANCIAL OFFICER) REVIEWS THE 990 WITH THE AUDIT COMMITTEE BEFORE SUBMISSION.
FORM 990, PART VI, SECTION B, LINE 12C
THE AUDIT COMMITTEE OR THE CHAIR WILL EVALUATE THE DISCLOSURES TO DETERMINE WHETHER THEY INVOLVE ACTUAL CONFLICTS. THE INTERESTED BOARD MEMBER SHALL RECUSE HIMSELF OR HERSELF FROM DISCUSSION AND VOTING RELATING TO THE MATTER. HOWEVER, AS A MEMBER OF THE BOARD OR COMMITTEE, THE INTERESTED BOARD MEMBER MAY BE COUNTED IN DETERMINING THE ESTABLISHMENT OF THE QUORUM AT SUCH A MEETING. AT THIS TIME, ONLY THE TRUSTEES ARE REQUIRED TO DISCLOSE. A POLICY IS BEING DRAFTED TO REQUIRE THE SAME OF OFFICERS AND KEY EMPLOYEES.
FORM 990, PART VI, SECTION B, LINE 15
FOR THE POSITIONS OF ARTISTIC AND EXECUTIVE DIRECTORS, THE EXECUTIVE COMMITTEE HAS RECEIVED INFORMATION FROM AN INDEPENDENT CONSULTANT WHICH INCLUDES COMPARATIVE DATA FROM OTHER THEATERS. THIS INFORMATION IS COMPILED BASED ON THE REVIEW OF OTHER ORGANIZATIONS' 990S AND FROM SURVEYING OTHER EXECUTIVES. USING THIS DATA, THE COMMITTEE DETERMINES THE COMPENSATION. THIS WAS MOST RECENTLY DONE FOR THE ARTISTIC DIRECTOR WHEN HIS CONTRACT WAS RENEWED IN JUNE 2009, AND WHEN THE LAST EXECUTIVE DIRECTOR WAS HIRED IN AUGUST 2008. FOR THE KEY POSITIONS OF PRODUCTION EXECUTIVE, SENIOR DIRECTOR OF DEVELOPMENT, SENIOR DIRECTOR OF FINANCE AND ADMINISTRATION, AND SENIOR DIRECTOR OF MARKETING THE HUMAN RESOURCES DIRECTOR GARNERS INFORMATION USING COMPARATIVE DATA FROM OTHER THEATERS. THE INFORMATION IS COMPILED BASED ON THE REVIEW OF OTHER ORGANIZATIONS' 990S AND FROM SURVEYING OTHER EXECUTIVES. USING THIS DATA, THE EXECUTIVE DIRECTOR AND HUMAN RESOURCES DIRECTOR DETERMINE THE COMPENSATION.
FORM 990, PART VI, SECTION C, LINE 19
GOVERNING DOCUMENTS, CONFLICTS OF INTEREST POLICIES, AND FINANCIAL STATEMENTS ARE NOT MADE AVAILABLE TO THE PUBLIC.
COMPENSATION FROM RELATED ORGANIZATIONS
FORM 990, PART VII, SECTION A
JOEY PARNES SERVED AS THE INTERIM EXECUTIVE DIRECTOR FOR THE NEW YORK SHAKESPEARE FESTIVAL FROM FEBRUARY 2011 THROUGH NOVEMBER 2011. MR. PARNES ALSO RECEIVED COMPENSATION THROUGH HIS MANAGEMENT COMPANY FROM LIMITED PARTNERSHIPS AND LIMITED LIABILITY COMPANIES (A TOTAL OF FIVE ENTITIES - SEE SCHEDULE R, PART III) FORMED TO CONDUCT THEATRICAL PRODUCTION ACTIVITIES AND IN EACH OF WHICH PUBLIC THEATER PRODUCTIONS, NEW YORK SHAKESPEARE FESTIVAL'S WHOLLY-OWNED SUBSIDIARY ENTITY, IS A GENERAL PARTNER/MANAGING MEMBER. COMPENSATION FROM THESE FIVE ENTITIES IN THE AGGREGATE AMOUNTED TO $265,934 FOR CALENDAR 2010, CONSISTING OF PAYMENT FOR PRODUCTION MANAGEMENT SERVICES. IN ADDITION, MR. PARNES RECEIVED PAYMENTS FOR REIMBURSEMENT OF EXPENSES. MR. PARNES' SERVICES TO THESE THEATRICAL PRODUCTION ENTITIES BEGAN PRIOR TO, AND IS UNRELATED TO, HIS SERVICES AS INTERIM EXECUTIVE DIRECTOR OF THE NEW YORK SHAKESPEARE FESTIVAL.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 731,773. PENSION RELATED CHANGES OTHER THAN PERIODIC PENSION COST 95,301. TOTAL TO FORM 990, PART XI, LINE 5: 827,074.
JOINT VENTURE
FORM 990, PART VI, LINE 16A
THE ORGANIZATION'S WHOLLY-OWNED SUBSIDIARY, PUBLIC THEATER PRODUCTIONS, INC., PARTICIPATED IN CO-PRODUCTIONS AS A MANAGING MEMBER OF FIVE ENTITIES TAXABLE AS PARTNERSHIPS (SEE SCHEDULE R, PART III) FORMED TO UNDERTAKE COMMERICAL THEATRICAL PRODUCTIONS OF SHOWS ORIGINALLY PRODUCED BY THE NEW YORK SHAKESPEARE FESTIVAL.
TRANSACTIONS WITH RELATED ORGANIZATIONS
FORM 990, SCHEDULE R, PART V, LINE 2
CERTAIN EMPLOYEES OF THE ORGANIZATION ARE ALSO SEPARATELY EMPLOYED BY ITS WHOLLY-OWNED SUBSIDIARY PUBLIC THEATER PRODUCTIONS, INC. FOR ADMINISTRATIVE EFFICIENCY, THE ORGANIZATION PROCESSES THE PAYROLL OF PUBLIC THEATER PRODUCTIONS, INC. AND RECEIVES REIMBURSEMENT OF THESE EXPENSES. FOR THE YEAR ENDED AUGUST 31, 2011, SUCH REIMBURSEMENT TOTALED $287,155.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.