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
THE BIG APPLE CIRCUS LTD
Employer identification number
13-2906037
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.") ....
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..
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)..
6
Public Support. Subtract line 5 from line 4.
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..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
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..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
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
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
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.") .
4,535,295
4,635,060
4,225,263
4,222,291
6,971,437
24,589,346
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......
14,776,399
17,712,558
15,537,101
14,023,533
11,787,035
73,836,626
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
2,464,359
2,584,632
2,127,477
2,040,891
1,817,747
11,035,106
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.
21,776,053
24,932,250
21,889,841
20,286,715
20,576,219
109,461,078
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
514,615
1,020,305
890,073
488,948
1,113,590
4,027,531
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.
217,800
407,500
625,300
c
Add lines 7a and 7b..
514,615
1,238,105
1,297,573
488,948
1,113,590
4,652,831
8
Public Support (Subtract line 7c from line 6.)
104,808,247
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...
21,776,053
24,932,250
21,889,841
20,286,715
20,576,219
109,461,078
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
107,162
77,570
24,568
3,165
37,607
250,072
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
309,346
135,407
187,990
35,680
193,949
862,372
c
Add lines 10a and 10b.
416,508
212,977
212,558
38,845
231,556
1,112,444
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.)
30,315
98,860
113,411
89,419
215,045
547,050
13
Total support (Add lines 9, 10c, 11 and 12.).
22,222,876
25,244,087
22,215,810
20,414,979
21,022,820
111,120,572
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
94.320 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
95.270 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
1.000 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
1.230 %
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
THE BIG APPLE CIRCUS LTD
Employer identification number
13-2906037
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
THE FINANCE COMMITTEE OF THE BOARD OF DIRECTORS WILL REVIEW AND APPROVE THE IRS FORM 990 BEFORE IT IS FILED. IT WILL BE DISTRIBUTED TO THEM ELECTRONICALLY. THE FINANCE COMMITTEE WILL MEMORIALIZE THEIR REVIEW IN THE FINANCE COMMITTEE MINUTES. THE CHAIR OF THE FINANCE COMMITTEE WILL REPORT THE REVIEW AND APPROVAL AND ANY RELEVANT FINDINGS TO THE BOARD OF DIRECTORS DURING THE BOARD OF DIRECTOR'S SUBSEQUENT MEETING. COPIES OF THE FORM 990 WILL BE DISTRIBUTED TO ALL MEMBERS OF THE BOARD OF DIRECTORS ELECTRONICALLY BEFORE THE FORM IS FILED WITH THE IRS.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY COVERS MEMBERS OF THE BOARD OF DIRECTORS AND KEY EMPLOYEES. ALL KEY EMPLOYEES AND ALL MEMBERS OF THE BOARD OF DIRECTORS NEED TO RENEW THEIR CERTIFICATION OF COMPLIANCE ON AN ANNUAL BASIS. IF AT ANY TIME DURING HIS OR HER TERM OF SERVICE, A DIRECTOR OR KEY EMPLOYEE ACQUIRES ANY INTEREST OR OTHERWISE A CIRCUMSTANCE ARISES WHICH MAY POSE A CONFLICT OF INTEREST, THAT INTEREST OR OTHER CONFLICT SHALL BE PROMPTLY DISCLOSED IN WRITING TO THE CHAIR OF THE BOARD. WHEN ANY MATTER FOR DECISION OR APPROVAL COMES BEFORE THE BOARD OR ANY COMMITTEE OF THE BOARD IN WHICH A DIRECTOR HAS AN INTEREST OR OTHER CONFLICT, THAT INTEREST OR OTHER CONFLICT SHALL BE IMMEDIATELY DISCLOSED TO THE BOARD OR RELEVANT COMMITTEE BY THAT DIRECTOR. THE POLICY CALLS FOR THE FOLLOWING DISCLOSURE REQUIREMENTS: 1. DIRECTORS AND KEY EMPLOYEES SHALL DISCLOSE IN WRITING, ANY INTEREST (AS DEFINED BELOW) SUCH PERSON MAY HAVE IN ANY ENTITY WHICH PROVIDES PROFESSIONAL OR OTHER GOODS OR SERVICES TO THE CORPORATION FOR A FEE OR OTHER COMPENSATION 2. ANY POSITION OR OTHER MATERIAL RELATIONSHIP SUCH DIRECTOR OR KEY EMPLOYEES MAY HAVE WITH ANY OTHER NOT-FOR-PROFIT CORPORATION WITH WHICH THE CORPORATION HAS AN ATTORNEY-CLIENT OR OTHER BUSINESS RELATIONSHIP THE CONFLICT OF INTEREST POLICY DEFINES THE FOLLOWING AS RISING TO THE LEVEL OF A POTENTIAL CONFLICT OF INTEREST: 1. IF THE DERIVE A SIGNIFICANT INDIVIDUAL ECONOMIC BENEFIT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY TRANSACTION OR RELATIONSHIP INVOLVING SUCH ENTITY OR ANY DECISION ON A MATTER INVOLVING SUCH ENTITY BY THE BOARD OR A COMMITTEE. THE FOLLOWING RESTRICTIONS WOULD BE IMPOSED ON SUCH PERSONS WITH A CONFLICT: 1. VOTING. NO DIRECTOR SHALL VOTE ON ANY MATTER IN WHICH HE OR SHE HAS A CONFLICT OF INTEREST. 2. NON-PARTICIPATION. ANY DIRECTOR WHO HAS A CONFLICT OF INTEREST IN A MATTER SHALL LEAVE THE ROOM IN WHICH DISCUSSION REGARDING THAT MATTER IS CARRIED ON, IF SO REQUESTED BY THE BOARD OR THE RELEVANT COMMITTEE; PROVIDED, HOWEVER, THAT THE INTERESTED DIRECTOR MAY PARTICIPATE IN ANY DISCUSSION REGARDING HIS OR HER ABSENCE. 3. ATTEMPTS TO INFLUENCE. DIRECTORS SHALL NOT ATTEMPT TO INFLUENCE OTHER DIRECTORS REGARDING MATTERS IN WHICH THEY HAVE A CONFLICT OF INTEREST, WITHOUT FIRST DISCLOSING THAT CONFLICT OF INTEREST. 4. CONTRACT REVIEW COMMITTEE. THE BOARD MAY, IN ITS OWN DISCRETION ESTABLISH A CONTRACT REVIEW COMMITTEE CONSISTING OF AT LEAST THREE (3) DIRECTORS TO REVIEW ANY CONTRACT THAT IS PROPOSED FOR APPROVAL BY THE BOARD RESPECTING WHICH A DIRECTOR OR KEY EMPLOYEE MAY HAVE A CONFLICT OF INTEREST (AN "INTERESTED PARTY CONTRACT"). IF NO CONTRACT REVIEW COMMITTEE HAS BEEN DULY APPOINTED, AT ANY TIME, THE BOARD (NOT INCLUDING THE DIRECTORS HAVING AN INTEREST IN THE APPLICABLE CONTRACT) SHALL SERVE SUCH ROLE. THE CONTRACT REVIEW COMMITTEE OR BOARD SHALL REVIEW THE INTERESTED PARTY CONTRACT AND DETERMINE WHETHER TO AUTHORIZE THE CONTRACT; PROVIDED THAT IF THE CONTRACT IS OF A MAGNITUDE THAT IT WOULD OTHERWISE REQUIRE BOARD APPROVAL, THE CONTRACT REVIEW COMMITTEE SHALL SUBMIT THE CONTRACT TO THE BOARD WITH ITS RECOMMENDATION WHETHER OR NOT TO APPROVE IT. THE CONTRACT REVIEW COMMITTEE OR THE BOARD MUST APPROVE AN INTERESTED PARTY CONTRACT BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS ENTITLED TO VOTE ON THE MATTER. THE CONFLICT OF INTEREST POLICY DEFINES THE FOLLOWING AS RISING TO THE LEVEL OF A POTENTIAL CONFLICT OF INTEREST: IF THEY DERIVE A SIGNIFICANT INDIVIDUAL ECONOMIC BENEFIT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY TRANSACTION OR RELATIONSHIP INVOLVING SUCH ENTITY OR ANY DECISION ON A MATTER INVOLVING SUCH ENTITY BY THE BOARD OR A COMMITTEE. THE FOLLOWING RESTRICTIONS WOULD BE IMPOSED ON SUCH PERSONS WITH A CONFLICT: 1. VOTING. NO DIRECTOR SHALL VOTE ON ANY MATTER IN WHICH HE OR SHE HAS A CONFLICT OF INTEREST. 2. NON-PARTICIPATION. ANY DIRECTOR WHO HAS A CONFLICT OF INTEREST IN A MATTER SHALL LEAVE THE ROOM IN WHICH DISCUSSION REGARDING THAT MATTER IS CARRIED ON, IF SO REQUESTED BY THE BOARD OR THE RELEVANT COMMITTEE; PROVIDED, HOWEVER, THAT THE INTERESTED DIRECTOR MAY PARTICIPATE IN ANY DISCUSSION REGARDING HIS OR HER ABSENCE. 3. ATTEMPTS TO INFLUENCE. DIRECTORS SHALL NOT ATTEMPT TO INFLUENCE OTHER DIRECTORS REGARDING MATTERS IN WHICH THEY HAVE A CONFLICT OF INTEREST, WITHOUT FIRST DISCLOSING THAT CONFLICT OF INTEREST. 4. CONTRACT REVIEW COMMITTEE. THE BOARD MAY, IN ITS OWN DISCRETION ESTABLISH A CONTRACT REVIEW COMMITTEE CONSISTING OF AT LEAST THREE (3) DIRECTORS TO REVIEW ANY CONTRACT THAT IS PROPOSED FOR APPROVAL BY THE BOARD RESPECTING WHICH A DIRECTOR OR KEY EMPLOYEE MAY HAVE A CONFLICT OF INTEREST (AN "INTERESTED PARTY CONTRACT"). IF NO CONTRACT REVIEW COMMITTEE HAS BEEN DULY APPOINTED, AT ANY TIME, THE BOARD (NOT INCLUDING THE DIRECTORS HAVING AN INTEREST IN THE APPLICABLE CONTRACT) SHALL SERVE SUCH ROLE. THE CONTRACT REVIEW COMMITTEE OR BOARD SHALL REVIEW THE INTERESTED PARTY CONTRACT AND DETERMINE WHETHER TO AUTHORIZE THE CONTRACT; PROVIDED THAT IF THE CONTRACT IS OF A MAGNITUDE THAT IT WOULD OTHERWISE REQUIRE BOARD APPROVAL, THE CONTRACT REVIEW COMMITTEE SHALL SUBMIT THE CONTRACT TO THE BOARD WITH ITS RECOMMENDATION WHETHER OR NOT TO APPROVE IT. THE CONTRACT REVIEW COMMITTEE OR THE BOARD MUST APPROVE AN INTERESTED PARTY CONTRACT BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS ENTITLED TO VOTE ON THE MATTER. FORM 990, PART VI, SECTION B, LINE 13: THE WHISTLEBLOWER POLICY HAS BEEN IN PLACE FOR MANY YEARS. THE POLICY IS COMMUNICATED TO THE STAFF VIA THE PERSONNEL MANUAL. THE DOCUMENT RETENTION AND DESTRUCTION POLICY WAS REVIEWED BY THE FINANCE COMMITTEE AND ADOPTED BY THE BOARD OF TRUSTEES IN MAY OF 2009. IT WAS THEN COMMUNICATED TO STAFF VIA E-MAIL. THE CONFLICT OF INTEREST POLICY WAS ADOPTED IN 2006. IT IS COMMUNICATED TO THE SENIOR STAFF AND TO THE TRUSTEES AT THE YEAR END MEETING IN JUNE.
FORM 990, PART VI, SECTION B, LINE 15
ON JULY 24, 2009 THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS CONDUCTED A COMPENSATION REVIEW OF THE ORGANIZATION'S KEY EMPLOYEES. NO CHANGES TO THE COMPENSATION WERE MADE IN FY 2010-2011. FIRST, THE COMMITTEE CONDUCTED A QUALIFYING TEST FOR KEY EMPLOYEES. THE COMMITTEE DETERMINED THAT FIVE (5) EMPLOYEES MET THE CRITERIA: THEY EARNED OVER $150,000 AND HAD THE SIGNIFICANT RESPONSIBILITIES AND AUTHORITY OUTLINED BY THE IRS. THE KEY EMPLOYEES WERE AS FOLLOWS: EXECUTIVE DIRECTOR CHIEF FINANCIAL OFFICER ARTISTIC DIRECTOR FOUNDING ARTISTIC DIRECTOR CO-FOUNDER & CREATIVE DIRECTOR THE COMMITTEE THEN REVIEWED THEIR COMPENSATION. THEY SUBSTANTIATED THE REVIEW WITH THE FOLLOWING INFORMATION: 2007 AND 2008 GUIDESTAR NATIONAL COMPENSATION SURVEY ERI NON-PROFIT COMPARABLES ASSESSOR COMPARISONS FROM SPECIFIC COMPANIES THAT WERE USED RECENTLY AS BENCHMARKS WHEN REVIEWING COMPENSATION FOR THE FOUNDER AND CO-FOUNDER. IN ALL CASES, THERE WAS SUFFICIENT COMPARABLE DATA FROM SIMILAR ORGANIZATIONS. IN NO CASE WAS THE COMPENSATION CONSIDERED TO BE EXCESSIVE. THE REVIEW WAS DOCUMENTED IN THE MEETING MINUTES. THE FOUNDING DIRECTORS' COMPENSATION WAS REVIEWED DURING THEIR RESPECTIVE CONTRACT NEGOTIATIONS.
FORM 990, PART VI, SECTION C, LINE 19
THE BIG APPLE CIRCUS (BAC) WILL DISCLOSE ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS TO THE PUBLIC. IT WILL PROVIDE COPIES ON REQUEST, OR WILL MAKE THE DOCUMENTS AVAILABLE FOR INSPECTION AT THE BAC OFFICE. THE FINANCIAL STATEMENTS WILL BE AVAILABLE ON ANOTHER ENTITY'S WEBSITE, SUCH AS GUIDESTAR.
AUDIT OVERSIGHT
FORM 990, PART XI, LINE 2C:
THERE HAS BEEN NO CHANGE IN THE ORGANIZATION'S PROCESS FOR THE SELECTION OF OUTSIDE AUDITORS OR OVERSIGHT OF THE AUDIT IN FISCAL YEAR 10-11.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.