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
DIA CENTER FOR THE ARTS INC
Employer identification number
23-7397946
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.") ....
7,681,578
3,696,520
3,442,940
3,178,656
13,850,066
31,849,760
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..
7,681,578
3,696,520
3,442,940
3,178,656
13,850,066
31,849,760
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)..
13,633,913
6
Public Support. Subtract line 5 from line 4.
18,215,847
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..
7,681,578
3,696,520
3,442,940
3,178,656
13,850,066
31,849,760
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,115,134
2,701,948
3,694,546
3,260,347
3,373,621
15,145,596
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
17,885
27,654
15,084
2,837
4,491
67,951
11
Total support (Add lines 7 through 10).
47,063,307
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
5,751,649
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
38.700 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
51.260 %
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
DIA CENTER FOR THE ARTS INC
Employer identification number
23-7397946
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
INDEPENDENT AUDITORS PREPARE A DRAFT OF THE FORM 990 WHICH IS REVIEWED BY THE ORGANIZATION'S FINANCE DIRECTOR AND CONTROLLER. ANY CHANGES REQUIRED BY THE FINANCE DIRECTOR OR CONTROLLER ARE MADE BY THE INDEPENDENT AUDITORS WHO THEN RESUBMIT A FINAL DRAFT FOR REVIEW BY THE FINANCE DIRECTOR AND CONTROLLER. A FINAL APPROVED DRAFT FORM 990 IS THEN PREPARED FOR FILING BY THE INDEPENDENT AUDITORS. THE FINAL APPROVED DRAFT IS SUBMITTED TO THE DIRECTOR AND BOARD OF DIRECTORS FOR REVIEW AND APPROVAL. ANY CHANGES REQUIRED BY THE DIRECTOR OR BOARD OF DIRECTORS ARE MADE BY THE INDEPENDENT AUDITORS WHO THEN PREPARE A FINAL SIGNATURE READY FORM 990. THE FINANCE DIRECTOR AND THE DIRECTOR SIGN THE FINAL SIGNATURE READY FORM 990 FOR FILING WITH THE IRS.
FORM 990, PART VI, SECTION B, LINE 12C
THE BOARD OF DIRECTORS COMPLETE A QUESTIONNAIRE REGARDING CONFLICT OF INTEREST DISCLOSURES FOR THE TAX PERIOD ON AN ANNUAL BASIS. THE ANSWERS TO THE QUESTIONNAIRE ARE REVIEWED BY THE FINANCE DIRECTOR FOR COMPLIANCE TO THE ORGANIZATION'S CONFLICT OF INTEREST POLICY. IF ANY DISCLOSURES REQUIRE FURTHER INVESTIGATION, THE FINANCE DIRECTOR AND DIRECTOR WORK WITH THE EXECUTIVE COMMITTEE TO INVESTIGATE AND RESOLVE ANY SUCH DISCLOSURES. KEY EMPLOYEES ARE INTERVIEWED ANNUALLY FOR CONFLICT OF INTEREST DISCLOSURES. THE INTERVIEW ANSWERS ARE REVIEWED BY THE FINANCE DIRECTOR FOR COMPLIANCE TO THE ORGANIZATION'S CONFLICT OF INTEREST POLICY. IF ANY DISCLOSURES REQUIRE FURTHER INVESTIGATION, THE FINANCE DIRECTOR WORKS WITH THE DIRECTOR OR DEPUTY DIRECTOR TO INVESTIGATE AND RESOLVE ANY SUCH DISCLOSURES.
FORM 990, PART VI, SECTION B, LINE 15
THE PROCESS BY WHICH COMPENSATION OF THE DIRECTOR IS SET AND ADJUSTED AT THE START OF EACH FISCAL YEAR, EFFECTIVE JULY 1, IS SUPERVISED BY THE BOARD OF DIRECTORS. WHEN A VACANCY FOR THE DIRECTOR POSITION OCCURS, THE BOARD OF DIRECTORS APPOINTS A TEMPORARY SEARCH COMMITTEE CONSISTING OF A SUBSET OF THE BOARD OF DIRECTORS WHO ARE APPROVED BY THE BOARD OF DIRECTORS TO HIRE A PROFESSIONAL EXECUTIVE RECRUITER, REVIEW AND INTERVIEW CANDIDATES. THE SEARCH COMMITTEE UPDATES THE BOARD OF DIRECTORS AT REGULAR BOARD MEETINGS AS TO THE PROGRESS OF THE SEARCH. WHEN A SHORT LIST OF ONE TO FIVE CANDIDATES IS SELECTED BY THE SEARCH COMMITTEE, THEIR APPLICATIONS ARE CIRCULATED TO THE BOARD OF DIRECTORS FOR REVIEW. ONE TO FIVE FINAL CANDIDATES MAY BE INTERVIEWED BY THE BOARD THE DIRECTORS WHO WILL MAKE THE FINAL SELECTION. THE SEARCH COMMITTEE IN CONSULTATION WITH THE EXECUTIVE RECRUITER WILL DRAFT A COMPENSATION PACKAGE FOR REVIEW BY THE BOARD OF DIRECTORS. THE COMPENSATION PACKAGE WILL BE BASED ON INDUSTRY STATISTICS, COMPARABLE ORGANIZATIONS, EXPERIENCE OF CANDIDATE, BUDGET RESTRICTIONS, AND ANY OTHER INFORMATION THE SEARCH COMMITTEE FEELS RELEVANT. ONCE THE BOARD OF DIRECTORS APPROVED THE COMPENSATION PACKAGE, IT IS OFFERED TO THE CANDIDATE. IF THE CANDIDATE COUNTERS THE OFFER, THE SEARCH COMMITTEE WILL REVIEW ANY CHANGES BEFORE RESUBMITTING TO THE BOARD OF DIRECTORS FOR FINAL APPROVAL. ONCE THE CANDIDATE HAS ACCEPTED A BOARD APPROVED COMPENSATION PACKAGE, THE TEMPORARY SEARCH COMMITTEE IS DISSOLVED. IF AN EMPLOYMENT CONTRACT IS REQUESTED BY THE CANDIDATE OR BOARD OF DIRECTOR, SUCH CONTRACT WILL DRAFTED BY A QUALIFIED LEGAL COUNCIL AND REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS. ANNUALLY, THE BOARD OF DIRECTORS REVIEWS THE PERFORMANCE OF THE DIRECTOR BASED ON A VARIETY OF FACTORS AND ACCORDING TO THE BEST INTERESTS OF THE ORGANIZATION. THE BOARD OF DIRECTORS MAY, AT THEIR DISCRETION AND IN THE BEST INTERESTS OF THE ORGANIZATION, APPROVE CHANGES TO THE DIRECTOR'S COMPENSATION AT ANY TIME. IN MAY, THE DIRECTOR REVIEWS PERFORMANCE EVALUATIONS OF SENIOR STAFF ("KEY EMPLOYEES") AND MAKES RECOMMENDATIONS FOR SALARY ADJUSTMENTS BASED ON INFLATION, PREVAILING WAGES AND MERIT. THE BOARD'S FINANCE COMMITTEE FUNCTIONS AS A COMPENSATION COMMITTEE AND SERVES TO REVIEW SALARY RECOMMENDATIONS FOR KEY EMPLOYEES. A KEY EMPLOYEE ROSTER & SALARY RECOMMENDATIONS MATRIX IS PRESENTED TO THE COMMITTEE FOR REVIEW AND APPROVAL ALONG WITH THE PROPOSED OPERATING BUDGET AT THE MAY MEETING. MID-YEAR SALARY ADJUSTMENTS ARE OCCASIONALLY CONSIDERED IN UNUSUAL CIRCUMSTANCES AT THE DISCRETION OF THE DIRECTOR.
FORM 990, PART VI, SECTION C, LINE 19
UPON REQUEST
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 7,285,164. NET COST RELATED TO PURCHASE OF MINORITY INTEREST IN SUBSIDIARY ENTITY -1,515,547. TOTAL TO FORM 990, PART XI, LINE 5: 5,769,617.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.