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
2011
Open to Public Inspection
Name of the organization
JOHN F KENNEDY CENTER FOR THE PERFORMING ARTS
Employer identification number
53-0245017
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
103,150,334
95,303,350
112,214,590
99,464,531
101,487,678
511,620,483
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..
103,150,334
95,303,350
112,214,590
99,464,531
101,487,678
511,620,483
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)..
23,133,816
6
Public Support. Subtract line 5 from line 4.
488,486,667
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
103,150,334
95,303,350
112,214,590
99,464,531
101,487,678
511,620,483
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
3,146,460
2,171,484
1,725,095
1,460,900
1,773,904
10,277,843
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
63,816
60,424
134,951
44,138
303,329
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
13,055,875
12,678,250
13,756,175
15,170,743
10,741,919
65,402,962
11
Total support (Add lines 7 through 10).
587,604,617
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
324,111,968
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
83.130 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
84.910 %
16a
33 1/3% support test—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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
PART II, SECTION A, LINE 1: THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS (KENNEDY CENTER) REDUCED THE AMOUNTS IT REPORTED ON LINE 1 FOR PREVIOUS YEARS BY UNCOLLECTIBLE PLEDGES WRITTEN-OFF DURING THE CURRENT TAX YEAR. THE KENNEDY CENTER DEDUCTED THE UNCOLLECTIBLE PLEDGES FROM THE SPECIFIC YEAR IN WHICH IT ORIGINALLY COUNTED THE RELATED CONTRIBUTION AS REVENUE. PART II, SECTION B, LINE 10: IN ALL YEARS PRESENTED, "OTHER INCOME" INCLUDES: (A) INCOME FROM FUNDRAISING EVENTS AND ACTIVITIES NOT INCLUDED IN EITHER LINE 1 OR LINE 8(A) OF FORM 990, PART VIII; (B) INCOME GENERATED FROM DONOR TRIPS; (C) GENERAL INCOME FROM THE OPERATION OF THE PARKING GARAGE; (D) INCOME FROM PATRON LOUNGES; AND, (E) GENERAL MISCELLANEOUS INCOME (E.G., REFUNDS). THE AMOUNTS REPORTED IN 2010, 2009 AND 2008 ALSO INCLUDE EXPENSE REIMBURSEMENTS FOR STAFF AND OTHER SERVICES PROVIDED TO AN AFFILIATE.
Schedule A (Form 990 or 990-EZ) 2011
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
2011
Open to Public Inspection
Name of the organization
JOHN F KENNEDY CENTER FOR THE PERFORMING ARTS
Employer identification number
53-0245017
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990 - ORGANIZATION'S MISSION
THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS (KENNEDY CENTER) SERVES AS A BOTH A PRESIDENTIAL MEMORIAL AND THE NATION'S CENTER FOR THE PERFORMING ARTS. THE KENNEDY CENTER: (A) DEVELOPS AND PRESENTS A BROAD ARRAY OF PROGRAMS (E.G., THEATER, MUSIC, OPERA, BALLET, DANCE); (B) DEVELOPS EDUCATIONAL AND COMMUNITY ENGAGEMENT ACTIVITIES BOTH IN WASHINGTON, DC, AND NATIONALLY; (C) DELIVERS ARTS MANAGEMENT EDUCATION AND DEVELOPMENT PROGRAMS LOCALLY, NATIONALLY AND INTERNATIONALLY.
RELATED PARTY INFORMATION AMONG OFFICERS
FORM 990, PAGE 6, PART VI, LINE 2
MR. DAVID M. RUBENSTEIN MR. MARC STERN CHAIRMAN TRUSTEE BUSINESS MR. DAVID M. RUBENSTEIN MR. ROGER W. SANT (NSOA) CHAIRMAN DIRECTOR BUSINESS MR. DAVID M. RUBENSTEIN MR. RAYMOND WHITEMAN (NSOA) CHAIRMAN DIRECTOR BUSINESS
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
PRIOR TO PROVIDING THE FORM 990 (RETURN) TO THE MEMBERS OF THE BOARD OF TRUSTEES FOR THEIR REVIEW AND CONSIDERATION, A DETAIL REVIEW WAS PERFORMED BY THE PRESIDENT, CHIEF FINANCIAL OFFICER, CONTROLLER, GENERAL COUNSEL AND VARIOUS OTHER MEMBERS OF SENIOR MANAGEMENT. THE RETURN WAS ALSO REVIEWED BY AN INDEPENDENT ACCOUNTING FIRM. AFTER THE RETURN WAS FINALIZED, MANAGEMENT PROVIDED IT TO EACH TRUSTEE VIA EMAIL/WEBSITE PRIOR TO FILING THE RETURN WITH THE INTERNAL REVENUE SERVICE. QUESTIONS, IF ANY, WERE DIRECTED TO AND ADDRESSED BY THE CONTROLLER AND COMMUNICATED TO THE AUDIT COMMITTEE. RESPONSES TO NOTABLE QUESTIONS WERE PROVIDED TO ALL TRUSTEES FOR THEIR INFORMATION.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
THE CONFLICT OF INTEREST POLICY (POLICY) APPLIES TO ALL MEMBERS OF THE BOARD OF TRUSTEES (BOARD), KEY AND OTHER EMPLOYEES THAT HAVE AUTHORITY TO SIGN CONTRACTS TOTALING 25,000 OR MORE AND/OR HAVE THE POWER TO INFLUENCE A TRANSACTION BETWEEN THE KENNEDY CENTER AND ANOTHER ORGANIZATION (COLLECTIVELY "COVERED INDIVIDUAL"). THE POLICY COVERS TRANSACTIONS BETWEEN THE KENNEDY CENTER AND (A) A COVERED INDIVIDUAL, (B) HIS OR HER FAMILY MEMBERS, AND/OR (C) AN AFFILIATED ENTITY. TO ASSIST THE KENNEDY CENTER IN IDENTIFYING TRANSACTIONS WHERE THERE MAY BE AN ACTUAL OR PERCEIVED CONFLICT OF INTEREST, EACH COVERED INDIVIDUAL SHALL COMPLETE AND SIGN AN ANNUAL CONFLICT OF INTEREST DECLARATION (DECLARATION) AND SHALL, AS NECESSARY, UPDATE THE DECLARATION TO REFLECT ANY CHANGES DURING THE COURSE OF THE YEAR. DECLARATIONS COMPLETED BY TRUSTEES ARE REVIEWED BY THE AUDIT COMMITTEE. DECLARATIONS COMPLETED BY NON-TRUSTEE COVERED INDIVIDUALS ARE REVIEWED BY THE GENERAL COUNSEL. WHEN A TRUSTEE BECOMES AWARE OF A CONFLICT, HE OR SHE HAS THE DUTY TO IMMEDIATELY DISCLOSE THE EXISTENCE AND CIRCUMSTANCES OF THE CONFLICT TO THE BOARD CHAIR (IF A CONFLICT WERE TO INVOLVE THE BOARD CHAIR, THE EXISTENCE AND CIRCUMSTANCE OF THE CONFLICT WOULD BE DISCLOSED TO EITHER THE AUDIT COMMITTEE OR THE GENERAL COUNSEL). WHEN A NON-TRUSTEE COVERED INDIVIDUAL BECOMES AWARE OF A CONFLICT, HE OR SHE HAS THE DUTY TO IMMEDIATELY DISCLOSE THE EXISTENCE AND CIRCUMSTANCES OF THE CONFLICT TO THE GENERAL COUNSEL (IF A CONFLICT WERE TO INVOLVE THE GENERAL COUNSEL, THE EXISTENCE AND CIRCUMSTANCE OF THE CONFLICT WOULD BE DISCLOSED TO THE AUDIT COMMITTEE). THE AFFECTED COVERED INDIVIDUAL MUST (A) REFRAIN FROM USING HIS OR HER PERSONAL INFLUENCE TO ENCOURAGE THE KENNEDY CENTER TO ENTER INTO/NOT ENTER INTO THE TRANSACTION, AND (B) PHYSICALLY EXCUSE HIMSELF OR HERSELF FROM PARTICIPATION IN ANY DISCUSSIONS REGARDING THE TRANSACTION, EXCEPT TO RESPOND TO REQUESTS FOR INFORMATION. IF A CONFLICT IS EITHER DISCLOSED IN A DECLARATION OR TO THE BOARD CHAIR, AUDIT COMMITTEE, OR GENERAL COUNSEL, IT WILL BE REVIEWED BY EITHER THE AUDIT COMMITTEE OR GENERAL COUNSEL. DURING THE AUDIT COMMITTEE'S (OR GENERAL COUNSEL'S) REVIEW, IT WILL CONSIDER WHETHER, ABSENT THE PARTICIPATION OF THE AFFECTED COVERED INDIVIDUAL, ANY PROPOSED CONFLICT IS FAIR AND REASONABLE TO THE KENNEDY CENTER. THE AUDIT COMMITTEE (OR GENERAL COUNSEL) WILL MAINTAIN SUCH DOCUMENTATION AS MAY BE NECESSARY AND APPROPRIATE TO DOCUMENT THE REVIEW OF THE CONFLICT, AND WILL REPORT TO THE BOARD ON CONFLICTS (WHETHER APPROVED OR NOT). THE AUDIT COMMITTEE MAY SEEK ADVICE FROM THE GENERAL COUNSEL OR FROM OUTSIDE ADVISORS (THE GENERAL COUNSEL MAY ALSO SEEK ADVICE FROM OUTSIDE ADVISORS). SUCH ADVICE WILL GENERALLY BE IN CONNECTION WITH EITHER THE REVIEW OF ANY CONFLICT OR WITH THE ADMINISTRATION OF THE POLICY.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
THE COMPENSATION OF THE KENNEDY CENTER'S PRESIDENT IS EVALUATED BY THE BOARD'S INDEPENDENT COMPENSATION COMMITTEE. THE COMPENSATION COMMITTEE'S CONSIDERATION OF THE PRESIDENT'S COMPENSATION INCLUDED THE REVIEW OF COMPARABILITY DATA AND THE CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
THE COMPENSATION OF THE KENNEDY CENTER'S OFFICERS AND KEY EMPLOYEES IS EVALUATED BY THE BOARD'S INDEPENDENT COMPENSATION COMMITTEE. THE COMPENSATION COMMITTEE'S CONSIDERATION OF THE OFFICERS' AND KEY EMPLOYEES' COMPENSATION INCLUDED THE REVIEW OF COMPARABILITY DATA AND THE CONTEMPORANEOUS SUBSTANTIATION OF THE DELIBERATION AND DECISION.
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
THE KENNEDY CENTER MAKES ITS GOVERNING DOCUMENTS, POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST, IN A PORTABLE DOCUMENT FORMAT (I.E., PDF), GENERALLY VIA EMAIL.
RELATED ORGANIZATIONS
FORM 990, PAGE 7, PART VII
MS. NORMA LEE FUNGER (TRUSTEE) - NATIONAL SYMPHONY ORCHESTRA ASSOCIATION (0.50 HOURS/WEEK); MR. JAMES V. KIMSEY (TRUSTEE) - NATIONAL SYMPHONY ORCHESTRA ASSOCIATION (0.50 HOURS/WEEK); MR. MICHAEL M. KAISER (PRESIDENT) - VSA ARTS, INC. (0.06 HOURS/WEEK); MS. MARIA C. KERSTEN (GENERAL COUNSEL) - KENNEDY CENTER PRODUCTIONS, INC. (0.06 HOURS/WEEK); MS. MARIA C. KERSTEN (GENERAL COUNSEL) - KENNEDY CENTER ELECTRONIC MEDIA TECHNOLOGIES, INC. (0.06 HOURS/WEEK); MS. LYNNE H. PRATT (CHIEF FINANCIAL OFFICER) - KENNEDY CENTER PRODUCTIONS, INC. (0.06 HOURS/WEEK); MS. LYNNE H. PRATT (CHIEF FINANCIAL OFFICER) - NATIONAL SYMPHONY ORCHESTRA ASSOCIATION (1.15 HOURS/WEEK); MS. LYNNE H. PRATT (CHIEF FINANCIAL OFFICER) - VSA ARTS, INC. (0.06 HOURS/WEEK); MS. LYNNE H. PRATT (CHIEF FINANCIAL OFFICER) - WASHINGTON NATIONAL OPERA (1.15 HOURS/WEEK); MR. DARRELL M. AYERS (VP - EDUCATION) - VSA ARTS, INC. (0.06 HOURS/WEEK); MR. DAVID KITTO (VP - MARKETING AND SALES) - KENNEDY CENTER ELECTRONIC MEDIA TECHNOLOGIES, INC. (0.06 HOURS/WEEK); MS. RITA N. SHAPIRO (EXECUTIVE DIRECTOR, NATIONAL SYMPHONY ORCHESTRA) - NATIONAL SYMPHONY ORCHESTRA ASSOCIATION (1.15 HOURS/WEEK) ALL COMPENSATION IS PAID BY THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.
OTHER CHANGES IN NET ASSETS EXPLANATION
FORM 990, PART XI, LINE 5
INCREASES: UNREALIZED GAIN ON INVESTMENTS: 6,637,013 DECREASES: LOSS ON INTEREST RATE SWAP: 1,443,238 OTHER NONOPERATING ITEMS: 1,290,919 CHANGE IN VALUE OF CHARITABLE GIFT ANNUITY AGREEMENTS: 263,620 PENSION RELATED CHANGES, EXCLUDING NET PERIODIC PENSION COST: 249,300 NET ASSET TRANSFER TO VSA ARTS, INC.: 120,507 NET: 3,269,429
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.