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
Los Angeles Opera Company
Employer identification number
95-2096402
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.") .
32,854,122
40,715,050
34,054,679
41,170,929
29,582,773
178,377,553
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......
21,321,584
18,708,955
19,693,551
12,624,194
11,690,095
84,038,379
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.
54,175,706
59,424,005
53,748,230
53,795,123
41,272,868
262,415,932
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
9,399,093
12,741,500
5,051,040
11,700,050
20,831,267
59,722,950
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..
9,399,093
12,741,500
5,051,040
11,700,050
20,831,267
59,722,950
8
Public Support (Subtract line 7c from line 6.)
202,692,982
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...
54,175,706
59,424,005
53,748,230
53,795,123
41,272,868
262,415,932
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,091,387
289,801
24,565
104,453
340,500
1,850,706
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
1,091,387
289,801
24,565
104,453
340,500
1,850,706
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.)
334,831
609,505
445,919
321,408
153,055
1,864,718
13
Total support (Add lines 9, 10c, 11 and 12.).
55,601,924
60,323,311
54,218,714
54,220,984
41,766,423
266,131,356
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
76.163 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
83.500 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
0.695 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
0.890 %
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
Los Angeles Opera Company
Employer identification number
95-2096402
Identifier
Return Reference
Explanation
Part III, Line 1
Organization's mission
We will achieve this by producing world-class opera that preserves, promotes and advances the art form while embodying the diversity, pioneering spirit and artistic sensibility unique to Los Angeles. Part III, Line 4b program service The Speakers Bureau provided informative talks covering a variety of opera-related topics to over 7,200 citizens throughout Los Angeles County. A touring program designed to teach children about opera while entertaining them reached 10,000 students. Altogether, LA Opera enhanced the lives and expanded the knowledge of almost 60,000 under-served residents. Part III, Line 4d OTHER PROGRAMS: LA Opera has many community outreach initiatives in addition to these three primary programs. Each year the Company produces a community opera that combines the talents of professional artists and musicians with non-professional adults and children to produce family-friendly and free public opera performances. LA Opera also has a series of radio broadcasts both locally and nationally and this year filmed Il Postino for free, public broadcasts in the community as well as possible future distribution. PART VI, SECTION A, LINE 2 FAMILY RELATIONSHIP TWO OF THE BOARD MEMBERS ARE MARRIED, WARNER AND CAROL HENRY.
Part VI, Section B, Line 11A
Review of Form 990
The final draft of the Form 990 is reviewed by the CFO and CEO of the LA Opera, and edited if required. Prior to presentation to the Audit Committee, the Chair of the Board reviews the draft and proposes edits, if required. It is the practice of the LA Opera to circulate the public inspection copy without Schedule B, confidential donor list, to the Audit Committee for discussion, review and approval prior to filing. Further, the public inspection copy without Schedule B is made available to the full board subsequent to filing by electronic or other means.
Part VI, Section B, Line 12c
Monitoring and enforcing compliance with Conflict of Interest
THE ORGANIZATION HAS A WRITTEN CONFLICT OF INTEREST POLICY ADOPTED BY THE BOARD FOR BOARD MEMBERS, OFFICERS AND KEY EMPLOYEES. Any business relationship that is, or may be perceived to be, a conflict of interest is discussed and approved by the board. Also, a personalized letter to each board member, signed by the Chairman of the Board, was circulated specifically requesting review of the policy which was attached, as well as requesting response to a questionnaire. Each board member, officer and key employee sends a completed questionnaire to the Chief Financial Officer. Questionnaires not responded to are followed up with a phone call. Any disclosed conflict was discussed with the Chairman of the Board and the Chief Operating Officer.
Part VI, Section B, Line 15A&B
PROCESS FOR DETERMINING COMPENSATION OF TOP MANAGEMENT, OTHER OFFICERS & KEY employees The Compensation Committee of the Board meets to review and approve the compensation, or change in compensation, of the following positions, and other Key Employees (definition below): " General Director " Music Director " Chief Operating Officer " Chief Financial Officer " Executive Vice President " Vice Presidents The Compensation Committee is composed of board members independent with regard to the compensation arrangement. In its efforts to compensate employees fairly for their services, the Committee may utilize any of the following in determining appropriate levels of compensation: " Independent compensation consultant " Compensation surveys or studies of comparable organizations " Industry group surveys (i.e. Opera America) " Form 990 of comparable organizations COMPENSATION AGREEMENTS WERE APPROVED BY THE COMMITTEE AND THE BOARD OF DIRECTORS. DOCUMENTATION INCLUDES THE TERMS OF THE TRANSACTION AND THE DATE IT WAS APPROVED, MEMBERS PRESENT DURING DEBATE AND THOSE WHO VOTED ON IT, THE COMPARABILITY DATA RELIED UPON AND HOW IT WAS OBTAINED, AND ANY ACTIONS TAKEN WITH RESPECT TO CONSIDERATION OF THE TRANSACTION BY ANYONE WHO IS OTHERWISE A MEMBER OF THE AUTHORIZED BODY BUT WHO HAD A CONFLICT OF INTEREST WITH RESPECT TO THE TRANSACTION.
Part VI, Section C, Line 16a&b
joint venture policy
Any proposed joint venture must be submitted for approval by a member of the Legal Committee in accordance with the Policy Statement regarding Contract Signing Authorization adopted by the Board of Directors on January 7, 2008. The joint venture shall also comply with all other requirements of the Policy Statement. It is the policy of the LA Opera to enter into a joint venture arrangements only if it is consistent with the mission of the organization; And it does not jeopardize the tax exempt status of the organization; And specifically the operation of the joint venture must not result in any prohibited private benefit. If a joint venture is contemplated, it is disclosed to the Finance Committee for action in accordance with this Policy, and, if deemed appropriate, advice of legal counsel or tax advisors secured before entering into the joint venture or other arrangement. Sample joint ventures include television broadcasts, dvds & cds. Before making any decision to participate in a joint venture, LA Opera will ensure that the joint venture furthers LA Opera's exempt purposes and will negotiate at arm's length contractual and other terms of participation that safeguard LA Opera's exemption from federal and state income tax.
Part VI, Section C, Line 19
Process for disclosing governing documents
The LA Opera makes its governing documents, tax exemption letter, conflict of interest policy and audited financial statements available to the public upon request.
RECONCILIATION OF NET ASSETS
FORM 990, PART XI, LINE 5
NET UNREALIZED GAINS (LOSSES) ON INVESTMENTS $ 1,752,835 CHANGE IN VALUE OF BENEFICIAL INTEREST IN PERPETUAL TRUST 371,768 ------------ TOTAL $ 2,124,603
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.