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
BRAND NEW DAY INC
Employer identification number
22-2600977
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.") .
617,111
757,216
952,816
1,483,716
1,637,390
5,448,249
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......
171,235
260,568
376,614
227,958
329,132
1,365,507
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.
788,346
1,017,784
1,329,430
1,711,674
1,966,522
6,813,756
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
6,813,756
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...
788,346
1,017,784
1,329,430
1,711,674
1,966,522
6,813,756
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
92,638
103,111
104,176
108,407
112,985
521,317
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
92,638
103,111
104,176
108,407
112,985
521,317
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.)
224,954
224,954
13
Total support (Add lines 9, 10c, 11 and 12.).
880,984
1,120,895
1,433,606
1,820,081
2,304,461
7,560,027
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
90.130 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
92.320 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
6.900 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
7.680 %
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
BRAND NEW DAY INC
Employer identification number
22-2600977
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
THERE IS A FATHER/DAUGHTER RELATIONSHIP BETWEEN THE EXECUTIVE DIRECTOR AND ONE OF THE EMERITUS BOARD MEMBERS.
FORM 990, PART VI, SECTION B, LINE 11
A DRAFT OF FORM 990 IS REVIEWED BY THE FINANCE/AUDIT COMMITTEE AND THEN SENT ELECTRONICALLY TO THE FULL BOARD FOR COMMENTS, QUESTIONS AND APPROVAL TO SUBMIT.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY IS DISCUSSED AT EXECUTIVE COMMITTEE MEETINGS WHERE IT WAS DEVELOPED AND IS REFERENCED AT BOARD MEETINGS.
FORM 990, PART VI, SECTION B, LINE 15A
AN ANNUAL REVIEW OF THE EXECUTIVE DIRECTOR IS DONE BY THE BOARD CHAIR IN CONJUNCTION WITH THE PERSONNEL COMMITTEE. COMPARATIVE COMPENSATION DATA IS GATHERED THROUGH NEIGHBORHOODS OF AMERICA. THE EXECUTIVE DIRECTOR REVIEWS STAFF AND RECOMMENDS COMPENSATION TO THE BOARD CONSISTENT WITH THE DATA.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
PRIOR PERIOD ADJUSTMENTS: -386,512. DECONSOLIDATE RELATED ENTITIES -68,083. TOTAL TO FORM 990, PART XI, LINE 5: -454,595.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.
Cat. No. 51056K
Schedule O (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
TY 2010 ReasonableCauseExplanation
Name:
BRAND NEW DAY INC
EIN: 22-2600977
Explanation:
SEVERAL FACTORS COMBINED TO PREVENT BRAND NEW DAY, INC. (BND) FROM COMPLYING WITH THE LAW REGARDING THE TIMELY FILING OF ITS 990 FOR 2010. IN ORDER TO FILE AN ACCURATE 990 THE ORGANIZATION FIRST NEEDED TO HAVE AN INDEPENDENT AUDIT OF ITS FINANCIAL STATEMENTS FOR 2010 COMPLETED. UNFORTUNATELY, THE ORGANIZATION'S INTERNAL FINANCIAL CONTROLS AND ITS ABILITY TO PRODUCE TIMELY FINANCIAL REPORTS WERE INADEQUATE IN 2010.BND HAD EXPERIENCED A PERIOD OF RAPID GROWTH LEADING UP TO 2010, AND THE ORGANIZATION'S FINANCIAL DEPARTMENT HAD NOT DEVELOPED THE CAPACITY TO ACCURATELY RECORD AND REPORT THE SIGNIFICANTLY INCREASED FINANCIAL ACTIVITY IN A TIMELY MANNER. LATE REPORTING LED TO DELAYS IN THE RECEIPT OF CASH FROM FUNDERS FOR EXPENSES BOTH INCURRED AND PAID, AND DAMAGE TO BND'S REPUTATION FOR EFFICIENT OPERATIONS. DEVOTING TIME TO ADDRESSING THE CONCERNS OF UNPAID VENDORS AND CREDITORS FURTHER DISTRACTED THE FINANCIAL DEPARTMENT FROM THE DEVELOPMENT OF AN ADEQUATE FINANCIAL SYSTEM WITH THE NECESSARY CONTROLS FOR ACCURATE REPORTING.AS BND'S FUNDING SOURCES GREW MORE NUMEROUS, EFFECTIVE CASH MANAGEMENT BECAME INCREASINGLY CHALLENGING. REGRETTABLY, THE ESTABLISHMENT OF PROCEDURES TO TRACK THE INFLOWS AND OUTFLOWS OF CASH DID NOT KEEP PACE AND IT BECAME CLEAR TO BND'S MANAGEMENT THAT THERE WAS INADEQUATE MONITORING OF ACCOUNTS RECEIVABLE, THE ACCURATE POSTING OF REVENUE, LOAN PROCEEDS, AND CAPITAL GRANTS.THE AUDIT MADE IT INDISPUTABLY CLEAR THAT MAJOR CHANGES, RATHER THAN REMEDIAL STEPS, WERE NEEDED IF IT WERE TO AVOID HAVING WEAKNESSES IN FINANCIAL MANAGEMENT NEGATIVELY IMPACT THE ORGANIZATION'S EFFECTIVENESS AT CARRYING OUT ITS MISSION. IN RESPONSE, BND HAS TAKEN SIGNIFICANT ACTION TO ADDRESS THE AUDITING FIRM'S CONFIRMATION THAT THE FINANCIAL DEPARTMENT REQUIRED SUBSTANTIAL IMPROVEMENT. THE RELATIONSHIP WITH BND'S CHIEF FINANCIAL OFFICER WAS TERMINATED AND AN EXPERIENCED CONTROLLER WAS BROUGHT INTO THE FINANCIAL DEPARTMENT ON A FULLTIME BASIS. ON NOVEMBER 1, 2011, A FINANCE CONSULTANT WAS ENGAGED TO:1.EXPEDITE COMPLETION OF THE AUDIT FOR THE YEAR ENDING DECEMBER 31, 2010.STATUS: THE 2010 AUDIT HAS BEEN FINALIZED AND WAS DELIVERED BY THE INDEPENDENT AUDIT FIRM ON APRIL 9, 2012. 2.DEVELOP A FINANCIAL POLICY & PROCEDURES MANUAL.STATUS: AFTER THE AUDIT FIRM'S RECOMMENDATIONS WERE REVIEWED AND RESEARCH MATERIALS WERE GATHERED, A NEW 'FINANCIAL POLICIES & PROCEDURES MANUAL' WAS DEVELOPED. IN RESPONSE TO THE AUDIT REPORT, THE DETAILED STEPS IT LAYS OUT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: -PROCEDURES FOR MONTHLY CLOSINGS -PROCEDURES FOR CONTROL OF CASH RECEIPTS & CASH DISBURSEMENTS -PROCEDURES FOR CASH MANAGEMENT 3.ANALYZE POTENTIAL SYSTEM CHANGES TO ASSURE REPORTING COMPLIANCE, INCLUDING RECOMMENDATIONS ON SOFTWARE, ONLINE SUPPORT SYSTEMS, AND THE REASSIGNMENT AND TRACKING OF PERSONNEL TASKS.STATUS: SYSTEMS HAVE BEEN REVIEWED, POTENTIAL ALTERNATIVES EXPLORED, AND OUTSIDE EXPERTS CONSULTED. STEPS FOR THE REASSIGNMENT AND TRACKING OF PERSONNEL TASKS HAVE BEEN INCLUDED IN THE AFOREMENTIONED 'FINANCIAL POLICIES & PROCEDURES MANUAL'. 4. MAKE AN ASSESSMENT OF CURRENT ACCOUNTING SOFTWARE AND PAYROLL AND PROVIDE RECOMMENDATIONS FOR MORE EFFICIENT USE OF LABOR HOURS.STATUS: CURRENT SOFTWARE HAS BEEN REVIEWED, POTENTIAL ALTERNATIVES HAVE BEEN RESEARCHED, AND OUTSIDE EXPERTS HAVE BEEN CONSULTED. FINAL RECOMMENDATIONS WILL BE PRESENTED AFTER CONSULTATION WITH THE NEWLY HIRED DIRECTOR OF FINANCE (SEE BELOW). 5.REVIEW CURRENT STAFFING STRUCTURE, JOB DESCRIPTIONS AND ROLES OF FINANCE STAFF.STATUS: A RECOMMENDATION HAS BEEN MADE REGARDING A STAFFING HIERARCHY AND STRUCTURE FOR BND'S DEPARTMENT OF FINANCE: -DIRECTOR OF FINANCE -CONTROLLER -BOOKKEEPER I -BOOKKEEPER II -SHARED ADMINISTRATIVE ASSISTANTJOB DESCRIPTIONS HAVE BEEN PREPARED AND A NEW, HIGHLY QUALIFIED DIRECTOR OF FINANCE HAS BEEN HIRED, EFFECTIVE APRIL 30, 2012. 6. ADDRESS INTERNAL CONTROL PROCEDURES AND RECOMMEND CHANGES TO ELIMINATE DEFICIENCIES.STATUS: THE AUDIT FIRM'S OBSERVATIONS HAVE BEEN REVIEWED AND THE RECOMMENDED CHANGES ARE IN PROGRESS, AS DESCRIBED IN THE AFOREMENTIONED 'FINANCIAL POLICIES & PROCEDURES MANUAL'. 7. TAKE STEPS TO READY BND FOR AN AUDIT FOR THE YEAR ENDING DECEMBER 31, 2011.STATUS: THE GATHERING OF MATERIAL REQUIRED FOR REVIEW BY AN AUDITING FIRM IS SUBSTANTIALLY COMPLETE. A CERTIFIED PUBLIC ACCOUNTANT WITH SIGNIFICANT EXPERIENCE IN THE AREA OF AUDITING AND TAX FILING FOR NOT-FOR-PROFIT ORGANIZATIONS WAS ENGAGED ON MARCH 10, 2012 TO ASSIST WITH PREPARATION FOR THE 2011 AUDIT AND ENSURE THE TIMELY SUBMISSION OF THE 990 RETURN FOR 2011. 8.DEVELOP REPORTS FOR THE BND BOARD OF DIRECTORS TO ALLOW MONITORING OF FINANCIAL PERFORMANCE ON AN ONGOING BASIS.STATUS: THE FOLLOWING REPORTS ARE NOW AVAILABLE FOR REVIEW BY THE BND BOARD OF DIRECTORS ON A MONTHLY BASIS: -CONSOLIDATED STATEMENT OF FINANCIAL POSITION (BALANCE SHEET) PREPARED ON AN ACCRUAL BASIS -A CONSOLIDATED STATEMENT OF ACTIVITIES (REVENUE AND EXPENSE STATEMENT) WITH A BUDGET VARIANCE COMPONENT -A CONSOLIDATED STATEMENT OF FUNCTIONAL EXPENSES DELINEATING EXPENSES BY DEPARTMENT: -MANAGEMENT & GENERAL ADMINISTRATION -RESOURCE DEVELOPMENT -FINANCIAL LITERACY -ASSET MANAGEMENT -REAL ESTATE PROJECT DEVELOPMENT -YOUTH SERVICES -CASH FLOW PROJECTIONS FOR THE FOLLOWING 12 MONTHSWE BELIEVE THAT BND'S FAILURE TO FILE THE 2010 FORM 990 TIMELY WAS DUE TO REASONABLE CAUSE AS BND'S FINANCIAL DEPARTMENT DID NOT HAVE THE CAPACITY TO KEEP UP WITH THE RAPID GROWTH OF THE ORGANIZATION AND STEPS WERE TAKEN TO CORRECT THIS ISSUE AS DETAILED ABOVE. IN ORDER TO FILE A COMPLETE AND ACCURATE RETURN SIGNIFICANT STEPS WERE TAKEN TO ASSURE THAT THE INTERNAL CONTROLS WERE IN ORDER AND FINANCIAL RECORDS WERE ACCURATE WHICH RESULTED IN THE LATE FILING OF THE INFORMATION RETURN. BND HAS AN ESTABLISHED HISTORY OF FILING TIMELY AND SIGNIFICANT STEPS HAVE BEEN TAKEN TO IMPROVE THE ORGANIZATION'S INTERNAL CONTROLS AND FINANCIAL DEPARTMENT STRUCTURE TO ASSURE THAT THE ORGANIZATION TIMELY FILES IT'S FORM 990 IN THE FUTURE. BASED ON THE ABOVE INFORMATION AND REG. 301.6652-2(F), WE RESPECTFULLY REQUEST THAT ANY LATE FILING PENALTY DUE UNDER IRC SECS. 6652(C)(1)(A) AND 6652(C)(4) BE WAIVED FOR REASONABLE CAUSE.THIS STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.