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
2012
Open to Public Inspection
Name of the organization
HUDSON VALLEY SHAKESPEARE FESTIVAL INC
Employer identification number
13-3499385
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
546,736
554,742
582,800
679,788
700,969
3,065,035
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
546,736
554,742
582,800
679,788
700,969
3,065,035
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)..
129,770
6
Public support. Subtract line 5 from line 4.
2,935,265
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
546,736
554,742
582,800
679,788
700,969
3,065,035
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
4,518
4,603
12,579
14,283
15,963
51,946
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
46,107
37,119
64,251
58,390
57,880
263,747
11
Total support (Add lines 7 through 10).
3,380,728
12
Gross receipts from related activities, etc. (see instructions)
..................
12
6,701,929
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
86.820 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
86.780 %
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
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
2012
Open to Public Inspection
Name of the organization
HUDSON VALLEY SHAKESPEARE FESTIVAL INC
Employer identification number
13-3499385
Identifier
Return Reference
Explanation
ADDITIONAL INFORMATION
FORM 990, PART VI
SECTION A LINE 8B THE ORGANIZATION HAS AN EXECUTIVE COMMITTEE, WHICH CONSISTS OF THE OFFICERS OF THE CORPORATION AND THE MEMBER(S)-AT-LARGE WHO REPRESENT THE OTHER BOARD MEMBERS. THE EXECUTIVE COMMITTEE POSSESSES AND MAY EXERCISE ALL THE POWERS OF THE BOARD WITH RESPECT TO THE MANAGEMENT OF THE ORGANIZATION. ANY ACTION TAKEN BY THE EXECUTIVE COMMITTEE IS REPORTED TO THE BOARD AT THE NEXT SUCCEEDING MEETING. THE EXECUTIVE COMMITTEE AT DECEMBER 31, 2012 WAS MADE UP OF : PRESIDENT ROBIN SHELBY ARDITI, VICE-PRESIDENT PATRICIA KING, SECRETARY SUZANNE BAKER, TREASURER SARAH GEER, AND MEMBERS-AT- LARGE HEIDI ETTINGER AND LAURA JEAN WILSON. EXECUTIVE DIRECTOR MAGGIE WHITLUM AND ARTISTIC DIRECTOR TERRENCE O'BRIEN ALSO ATTENDED THE COMMITTEE MEETINGS BUT DID NOT VOTE.
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
MANAGEMENT PROVIDED A DRAFT COPY OF THE FORM 990 TO ITS BOARD MEMBERS IN OCTOBER 2013. BOARD MEMBERS WERE GIVEN A TWO WEEK PERIOD TO REVIEW THE FILING, RAISE QUESTIONS AND SUGGEST CHANGES TO THE INFORMATION BEING FILED. ALL QUESTIONS AND CONCERNS WERE ADDRESSED BEFORE THE FINAL FORM WAS SUBMITTED.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
THE POLICY REQUIRES ALL DIRECTORS TO ATTEST ANNUALLY THAT THEY ARE AWARE OF THE ORGANIZATION'S POLICY AND HAVE NOT ENGAGED IN ANY ACTIVITIES WHICH WOULD CONSTITUTE A CONFLICT. EACH BOARD MEMBER ALSO UNDERTAKES TO NOTIFY A CO-PRESIDENT OR SECRETARY OF HVSF IF HE OR SHE BECOMES AWARE OF ANY RELATIONSHIP OR SITUATION THAT MIGHT RESULT IN, OR GIVE THE APPEARANCE OF BEING, A CONFLICT OF INTEREST.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
COMPENSATION FOR BOTH THE EXECUTIVE DIRECTOR AND THE ARTISTIC DIRECTOR IS REVIEWED AND APPROVED BY THE INDEPENDENT MEMBERS OF THE EXECUTIVE COMMITTEE OF THE BOARD.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
SEE RESPONSE TO QUESTION 15A ABOVE
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
HVSF'S GOVERNING DOCUMENTS, ITS CONFLICT OF INTEREST POLICY, AND ITS FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. THE FORM 990 IS ALSO AVAILABLE AT OTHER WEBSITES SUCH AS THE NYS CHARITIES BUREAU WEBSITE AND GUIDESTAR.
ADDITIONAL INFORMATION
FORM 990, PART VII
MAGGIE WHITLUM SERVED AS AN INDEPENDENT UNPAID DIRECTOR OF HVSF. AFTER SHE RESIGNED FROM THE BOARD DURING 2011, SHE WAS HIRED, FIRST AS INCOMING EXECUTIVE DIRECTOR AND THEN AS EXECUTIVE DIRECTOR. SHE RECEIVED THE COMPENSATION SHOWN IN 2012 AS EXECUTIVE DIRECTOR. DAVID WEBBER SERVED AS AN INDEPENDENT UNPAID DIRECTOR AND TREASURER OF HVSF. AFTER HE RESIGNED FROM THE BOARD DURING 2011, HE WAS ENGAGED AS A FINANCIAL CONSULTANT IN 2011 AND AS THE FINANCE DIRECTOR IN 2012, FOR WHICH HE RECEIVED THE COMPENSATION SHOWN.
RECONCILIATION OF CHANGES - OTHER
FORM 990, PART XI, LINE 9
FUNDRAISING EXPENSES SHOWN GROSS ON FINANCIAL STATEMENTS 26,754 FUNDRAISING EXPENSES SHOWN GROSS ON FINANCIAL STATEMENTS -26,754
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.