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
Bar Ilan University in Israel Inc
Employer identification number
13-6192275
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.") .
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 E(Form 990 or 990-EZ) Department of the TreasuryInternal Revenue Service
SchoolsComplete if the organization answered "Yes" to Form 990, Part IV, line 13, or Form 990-EZ, Part VI, line 48. Attach to Form 990 or Form 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
Bar Ilan University in Israel Inc
Employer identification number
13-6192275
Part I
YES
NO
1
Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws,
other governing instrument, or in a resolution of its governing body?
......................
1
Yes
2
Does the organization include a statement of its racially nondiscriminatory policy toward students in all its
brochures, catalogues, and other written communications with the public dealing with student admissions,
programs, and scholarships?
......................................
2
Yes
3
Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during
the period of solicitation for students, or during the registration period if it has no solicitation program, in a way
that makes the policy known to all parts of the general community it serves? If "Yes," please describe. If "No,"
please explain. If you need more space use Part II.
.............................
3
Yes
4
Does the organization maintain the following?
a
Records indicating the racial composition of the student body, faculty, and administrative staff?
..........
4a
Yes
b
Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory
Other extracurricular activities?
.....................................
5h
No
If you answered "Yes" to any of the above, please explain. If you need more space, use Part II.
6a
Does the organization receive any financial aid or assistance from a governmental agency?
............
6a
Yes
b
Has the organization's right to such aid ever been revoked or suspended?
...................
6b
No
If you answered "Yes" to either line 6a or line 6b, explain on Part II.
7
Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05
of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If "No," explain on Part II.
7
Yes
Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50085D
Schedule E (Form 990 or 990-EZ) 2010
Schedule E (Form 990 or 990EZ) 2010
Page 2
Part II
Supplemental Information
Complete this part to provide the explanations required by Part I, lines 3, 4d, 5h, 6b, and 7, as applicable. Also complete this part to provide any other additional information (see instructions).
Identifier
Return Reference
Explanation
Schedule E, Line 3
BIU'S NONDISCRIMINATORY POLICY IS PUBLISHED IN MOST OF THE UNIVERSITY' COMMUNICATIONS TO THE PUBLIC, INCLUDING IN BROCHURES, IN NEWSPAPER ARTICLES, ON ITS WEBSITE, AND IN ITS ADMISSION APPLICATION.
Schedule E, Line 6a
THE UNIVERSITY RECEIVES THE overwhelming BULK OF ITS PUBLIC SUPPORT FROM THE ISRAELI PLANNING AND BUDGETING COMMITTEE. THE PLANNING AND BUDGETING COMMITTEE (PBC) FUNDS VARIOUS UNIVERSITIES AND PROVIDES SPECIFIC FUNDING FOR BASIC RESEARCH.
Schedule E (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
Bar Ilan University in Israel Inc
Employer identification number
13-6192275
Identifier
Return Reference
Explanation
Form 990, General Statement
Bar-Ilan University in Israel, Inc. is a complex entity for U.S. tax reporting purposes. It consists of two separate Divisions, BIU, which operates in Israel, and AFBIU, which conducts fundraising and related activities in the United States. The activities of the two divisions roll into the Form 990 on a combined basis. All program service activities are conducted by BIU and substantially all fixed assets are held by BIU in Israel. BIU receives its own stand-alone financial statements and its financial data is reported in Shekels. For 990 purposes, those financial statements are converted to U.S. dollars using a representative conversion rate. AFBIU is the fundraising arm of the University, which is located in the United States. AFBIU conducts its affairs, for all intents and purposes, akin to a "Friends of" organization that provides a fundraising mechanism for the benefit of Bar-Ilan University of Israel, Inc. AFBIU is not separately incorporated and is not a separate legal entity; however, it does receive its own audited financial statements (in U.S. dollars). Bar-Ilan University in Israel, Inc. is contemplating changing its internal structure in the near future to simplify its operations and its Form 990 reporting. The Form 990 has several Schedule O footnotes throughout the return to explain certain unusual aspects of the BIU's operations.
Form 990, Part I, Line 5 & Part V, Line 2a
BIU has approximately 6,800 employees. Since these employees are not U.S. residents, they do not receive a Form W-2. Part V, Line 2a and Part I, Line 5 require the organization to report its U.S. employees (as reported on Form W-3). None of BIU's employees are reported on a U.S. reporting document. The 31 employees reported on Part V, Line 2a and Part 1, Line 5 represent employees of AFBIU, the U.S. entity that actually files a Form W-3.
Form 990, Part IV, Line 4 & Schedule C
BIU does conduct lobbying, but it does so outside the United States. BIU undertakes no lobbying activities in the United States and, as such, the organization is taking the position that it does not lobby for U.S. purposes (and can, thus, answer Part IV, Line 4 NO and dispense with filing Schedule C). AFBIU does not undertake any lobbying activities.
Form 990, Part IV, Lines 28(a)-(c)
BIU does not believe that it has any conflicts of interest that need to be reported on Schedule L of the Form 990; however, in the interests of clarity, the organization wishes to disclose that several Board Members have relationships with entities upon which the individual may also sit as a Board Member. BIU maintains that these relationships are incidental and the amounts remit between the organizations do not rise to the reporting thresholds required by Schedule L. Alternatively, to the extent that there are any contractual relationships with organizations that Board Members may be involved with, all such contracts are negotiated at arm's length and at market rates (and done in the ordinary course of business). The American Division, AFBIU, has no conflicting relationships to report in any capacity.
Form 990, Part VI, Line 1a & 1b & Part VII
BIU and AFBIU are governed by separate Boards. The BIU Board of Trustees is reported on the Form 990, Part VII. The BIU Board is comprised of 123 individuals (113 voting members and 10 honorary members), some of whom (13) sit on the AFBIU Board of Overseers. AFBIU has a separate Board of Overseers (comprised of 43 individuals) that oversees U.S. activities, whose members are as follows: S. Daniel Abraham Harris Bak Steven Berger Daisy Berman Jonathan Blinken Jack Burstein Aharon Dahan Mark Diem Charles Dimston Charles Frankel Daniel Gildin Cheryl Halpern Eleazer Hirmes Stephen Hoffman Beth Jacob Michael Jesselson Mordecai Katz Sisel Klurman Jane Stern Lebell Frank Lee Michael Maling Marc Manger Matthew Maryles Jack Nagel Drew Parker Gail Propp Ira Rennert Steven Rosenberg Joshua Rosensweig Peter Rzepka David Sable Lawrence Schantz Jay Schottenstein Gary Shiffman Daniel Schwimmer Rena Slomovic Melvin Stein Jerome Stern Ronnie Stern Moshael Straus Tom Weisz Mitchell Wohlberg Alan Zekelman
Form 990, Part VI, Line 2
Jerome Stern and Ronald Stern have a family relationship. Jane Stern Lebell and Ronald Stern have a family relationship.
Form 990, Part VI, Line 9
Bar-Ilan University in Israel, Inc. has a United States mailing address; however, the majority of BIU's Board members are not U.S. citizens and reside outside the United States (either in Israel or in other foreign countries). Nevertheless, any officer, director, trustee or key employee listed on the Form 990 can be reached at Bar-Ilan University in Israel, Inc.'s United States mailing address.
Form 990, Part VI, Line 11
The information pertaining to BIU was prepared by an internationally renowned accounting firm in Israel in conjunction with BIU's financial department. The combined 990, including information pertaining to AFBIU, was prepared by a renowned national accounting firm in the United States. The 990 was reviewed by management prior to its electronic filing with the Internal Revenue Service. A copy of the Form 990 was submitted to the AFBIU Board prior to its filing. The senior leadership of BIU and the Chairman of the Board of BIU received the form electronically prior to its filing and were instructed to distribute it to the BIU Board.
Form 990, Part VI, Line 12
BIU and AFBIU operate under different conflicts of interest procedures. BIU and its attendant personnel, Board Members and officers perform their job functions in Israel, where they are governed by procedures that are monitored in Israel. BIU's Comptroller will review any potential conflicts. In the U.S., AFBIU is supervised by a separate Board of Overseers. Each officer, board member and key employee of AFBIU is required to annually disclose any conflicts of interest that arise by virtue of their employment, board service, or position. AFBIU monitors compliance with its conflict of interest policy through an annual questionnaire/disclosure statement that is distributed to these individuals. Potential conflicts are reviewed immediately.
Form 990, Part VI, Line 13
BIU does not have a whistleblower policy in place in Israel; however, it does have a document retention policy. AFBIU, located in the United States, has instituted both a whistleblower policy and a document retention policy.
Form 990, Part VI, Line 15
Bar-Ilan University in Israel, Inc. has two classes of officers that are reported on Part VII and Schedule J of the Form 990. One officer class serves BIU. None of these officers are U.S. residents and, therefore, are not subject to United States employment tax rules. The compensation for these individuals is established according to strict government guidelines and regulations. These individuals do not have any input into the compensation granted to those persons running BIU. Since compensation is established pursuant to government regulations, the U.S. concept of rebuttable presumption of reasonableness is not an abiding concern. The second officer class serves AFBIU in the United States and is comprised of U.S. Citizens. For these individuals, AFBIU undertakes a thorough process to ensure that the executive compensation it pays to its officers and key employees is reasonable. In relevant part, the AFBIU Board has established a Compensation Committee of independent persons that have no personal interest in the proposed compensation agreement. The Compensation Committee utilizes comparability and benchmarking surveys to ensure that AFBIU compensates its executives commensurate with the market. In the interests of clarity, please note that the following individuals listed on the Form 990 are BIU officers: Moshe Kaveh, President Chaim Teitlebaum, Rector Chaim Glick, CEO Shabtai Lubell, Senior Executive Vice President Benjamin Ehrenberg, Vice President for Research Judith Haimoff, Associate Vice President Yaffa Zilbershatz Vice President/Deputy President Relly Shavit, CFO Eliahu Gutman, Comptroller The following individuals are officers of AFBIU: Michael Abidor, Executive Vice President Matthew Maryles, CEO Stacy Goodman, CFO Susan Solomon, CAO
Form 990, Part VI, Line 19
The taxpayer makes its Form 990 available to the public by retaining a copy at its place of business in the United States. The Form 990 is likewise published on the internet at www.guidestar.org. The organization's financial statements, governing documents and conflict of interest policy are not ordinarily made available to the public, but, if requested, will be provided at management's discretion.
Form 990, Part VIII, Line 3
Since BIU's investment portfolio is held outside the United States, obtaining a detailed schedule of investment gains is difficult. The University's audited financial statements report the following mix of investment gains and losses: Appreciation of Securities 1,299,287 Interest Income 1,990,643 Currency Exchange 268,313 Bank Expenses -63,414 Fund Revaluation -2,842,366 Financing Gains 845,522 -------------------------------------- Total Inv. Gains (Israel) -1,497,985 To the extent any of this investment gain represents a capital gain, it has been reported on Line 3 instead of Line 7.
Form 990, Part IX
The functional expense classification on Part IX of the Form 990 is broadly representative of the allocation of program service expenses as reported in the Israel financial statements. Unlike most U.S. financial statements, the Israeli financial statements do not allocate expenses between administrative (overhead) expenses and those expenses used in day-to-day programs. BIU has allocated the expenses consistent with the presentation in previous Forms 990. For AFBIU's expenses, a precise classification has been included that reconciles back to the audited financial statements.
Form 990, Part IX, Line 5
BIU is reporting its calendar year wages on Form 990, Part IX, Line 5 since a more accurate breakout on a fiscal basis is not available due to the unusual manner in which the Form 990 data for the organization are compiled.
Form 990, Part IX, Line 24(d)
BIU lists an expenditure for University Projects - totaling - $14,409,193. This expense represents amounts granted by AFBIU to the University to fund projects, scholarships, and educational programs. Essentially, this transaction is an expenditure on AFBIU's financial statements, but represents revenue received by BIU in the Israeli financial statements. Since BIU does not specifically identify the revenue in the financial statements as coming from AFBIU, and the amount is allocated to various different revenue accounts, in the interests of clarity, Bar-Ilan University in Israel is reporting both sides of the transaction.
Form 990, Schedule B
BIU received a donation in excess of $5 million dollars (greater than 2% of total contributions reported on the Form 990). This donation was received from an overseas donor to BIU. The Form 990 is prepared by the financial department of AFBIU, the United States entity, and the specific information as to the donor's name, address and amount of contribution has not been disclosed by BIU to AFBIU. In the spirit of complying with the Schedule B requirements, the organization is making this disclosure in Schedule O.
Form 990, Part XI, Line 5
Net Assets Released from Restriction: BIU - $14,300,612 Revaluation of Fixed Assets and Increase in Fixed Budgets : BIU - $10,335,391 Currency Exchange Valuation and Other Adjustments to BIU Financial Statements : - $(922,119) ----------------------------------------------------------- Total Changes in Net Assets : $23,713,884
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.