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
VILAR CENTER FOR THE ARTS FOUNDATION
Employer identification number
84-1316133
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.") ....
2,090,444
1,586,528
2,320,084
2,077,197
254,569
8,328,822
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..
2,090,444
1,586,528
2,320,084
2,077,197
254,569
8,328,822
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)..
3,367,422
6
Public Support. Subtract line 5 from line 4.
4,961,400
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..
2,090,444
1,586,528
2,320,084
2,077,197
254,569
8,328,822
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
342,190
102,669
106,804
53,766
58,157
663,586
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).
8,992,408
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
8,896,642
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
55.170 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
67.290 %
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
VILAR CENTER FOR THE ARTS FOUNDATION
Employer identification number
84-1316133
Identifier
Return Reference
Explanation
CHANGES IN PROGRAM SERVICES
FORM 990, PART III, LINE 3
EFFECTIVE OCTOBER 1, 2010 VILAR CENTER FOR THE ARTS FOUNDATION IMPLEMENTED A RESTRICTING AGREEMENT WITH VAIL VALLEY FOUNDATION, A RELATED EXEMPT PUBLIC CHARITY, WHICH WILL COMBINE THE TWO ENTITIES WHEREBY ALL OPERATIONS AND ACTIVITY OF VILAR CENTER FOR THE ARTS FOUNDATION ARE TO BE REPORTED AS A PROGRAM OF VAIL VALLEY FOUNDATION. THE FOUNDATION WILL CONTINUE TO PROMOTE AND DEVELOP AWARENESS AND APPRECIATION OF THE ARTS AND EDUCATING THE GENERAL PUBLIC ABOUT THE ARTS THROUGH THE OWNERSHIP AND LEASING OF THE PERFORMING ARTS THEATER.
FORM 990, PART VI, SECTION A, LINE 2
THE PRESIDENT AND CHIEF FINANCIAL OFFICER ARE EMPLOYED BY VAIL VALLEY FOUNDATION, A RELATED EXEMPT ORGANIZATION. MEMBERS OF THE BOARD ARE ALSO BOARD MEMBERS OF VAIL VALLEY FOUNDATION. THEREFORE, BUSINESS RELATIONSHIPS EXIST BETWEEN THESE INDIVIDUALS.
FORM 990, PART VI, SECTION A, LINE 3
THE VILAR CENTER FOR THE ARTS FOUNDATION (VCAF) ENTERED INTO A MANAGEMENT PLAN WITH VAIL VALLEY FOUNDATION (VVF), A RELATED ORGANZIATION, IN WHICH VVF ASSUMED THE MANAGEMENT AND OPERATIONS OF THE VILAR CENTER. INCLUDED IN THIS AGREEMENT, VCAF AND VVF RECONSTITUTED THEIR BOARD OF DIRECTORS. EACH ENTITY OPERATES SEPARATELY UNDER A COMMON BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 6
VOTING MEMBER - THE CORPORATION SHALL HAVE ONE VOTING MEMBER, WHICH SHALL BE THE BEAVER CREEK RESORT COMPANY OF COLORADO, A COLORADO NONPROFIT CORPORATION. MEMBERS SHALL HAVE NO OWNERSHIP RIGHTS OR BENEFICIAL INTERESTS OF ANY KIND IN THE ASSETS OF THE CORPORATION. NON-VOTING MEMBER - NON-VOTING MEMBERSHIP DESIGNATIONS AND CLASSIFICATIONS MAY BE DEVELOPED BY THE BOARD OF DIRECTORS IN RECOGNITION OF DONATIONS OR OTHER CONTRIBUTIONS MADE BY INDIVIDUALS AND CORPORATIONS IN SUPPORT OF THE CHARITABLE PURPOSES OF THE CORPORATION. SUCH MEMBERSHIP DESIGNATIONS AND CLASSIFICATIONS ARE NOT INTENDED TO AND SHALL NOT GRANT SUCH INDIVIDUALS OR CORPORATIONS THE STATUS OF VOTING MEMBERS UNDER THE ACT. ALL VOTING RIGHTS SHALL BE VESTED IN THE BOARD OF DIRECTORS OF THE CORPORATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE MEMBER, BEAVER CREEK RESORT COMPANY OF COLORADO MAY APPOINT AND ELECT TWO BOARD MEMBERS OF THE FOUNDATION'S BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 8B
THERE ARE NO COMMITTEES WITH THE AUTHORITY TO ACT ON BEHALF OF THE GOVERNING BODY.
FORM 990, PART VI, SECTION B, LINE 11
A COPY OF THE FORM 990 IS REVIEWED BY THE CHIEF FINANCIAL OFFICER AND THE CONTROLLER OF VAIL VALLEY FOUNDATION, A RELATED ORGANIZATION, BEFORE FILING.
FORM 990, PART VI, SECTION B, LINE 15
THE TOP MANAGEMENT OFFICIAL, TOP FINANCIAL OFFICIAL, OTHER OFFICERS, AND KEY EMPLOYEES ARE COMPENSATED BY VAIL VALLEY FOUNDATION, A RELATED ORGANIZATION, THAT HAS A COMPENSATION COMMITTEE COMPOSED OF BOARD MEMBERS THAT MEETS AT THE END OF EACH YEAR. PRIOR TO THE MEETING, THE CFO PROVIDES THE COMMITTEE WITH A PACKAGE SUMMARIZING COMPENSATION INFORMATION, WHICH CONTAINS COMPARABLE COMPENSATION DATA FOR THES POSITIONS. AT THE MEETING THEY DETERMINE IF THEY WILL APPROVE ANY COMPENSATION ADJUSTMENT FOR THE CEO, OTHER OFFICERS, AND KEY EMPLOYEES FOR THE UPCOMING YEAR.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS AND FINANCIAL STATEMENT INFORMATION AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990,PART VII, LINE 1A
THE BOARD MEMBERS, CFO AND PRESIDENT OF VILAR CENTER FOR THE ARTS FOUNDATION ALSO SERVE ON THE BOARD OF VAIL VALLEY FOUNDATION, A RELATED ORGANIZATION. THE BOARD MEMBERS DEVOTE, ON AVERAGE, A HALF HOUR PER WEEK AND THE CFO AND PRESIDENT DEVOTE, ON AVERAGE, FORTY HOURS PER WEEK TO THE RELATED ORGANIZATION.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED LOSSES ON INVESTMENTS: -70,841. ASSETS, LIABILITIES, & PROGRAM ACTIVITIES REPORTED ON RELATED ORG'S 990 -2,336,318. TOTAL TO FORM 990, PART XI, LINE 5: -2,407,159.
FORM 990 OTHER INFORMATION:
EFFECTIVE OCTOBER 1, 2010 THE VILAR CENTER FOR THE ARTS FOUNDATION (VCAF) ENTERED INTO A "FACILITY LEASE AND OPERATING AGREEMENT" WITH VAIL VALLEY FOUNDATION (VVF), A RELATED EXEMPT ORGANIZATION, WHICH TRANSFERRED THE RIGHT TO OPERATE THE VILAR CENTER PERFORMING ARTS FACILITY (THE THEATER) TO VVF. ALL ACTIVITY OF THE THEATER IS REPORTED AS A PROGRAM ACTIVITY OF VVF ON THEIR FISCAL YEAR ENDING SEPTEMBER 30, 2011 FORM 990. PER THE AGREEMENT, VCAF RETAINS OWNERSHIP OF THE THEATER, BUT WILL RENT THE FACILITY TO VVF FOR THEIR PROGRAM OPERATIONS. VVF WILL HAVE FULL USE OF VCAF'S FIXED ASSETS, BUT UPON TERMINATION OR EXPIRATION OF THE AGREEMENT VVF IS REQUIRED TO RETURN TO VCAF ALL SUCH FURNITURE, FIXTURES, EQUIPMENT, AND OTHER INTANGIBLE ASSETS THEN IN POSSESSION OF VVF.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.