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
USTA National Tennis Center Incorporated
Employer identification number
13-2946690
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.") ....
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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
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.") .
0
0
0
0
0
0
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......
50,314,596
49,311,696
52,151,027
48,791,019
60,641,472
261,209,810
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
50,314,596
49,311,696
52,151,027
48,791,019
60,641,472
261,209,810
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.)
261,209,810
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...
50,314,596
49,311,696
52,151,027
48,791,019
60,641,472
261,209,810
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
425,271
0
503,929
219,903
338,509
1,487,612
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
425,271
0
503,929
219,903
338,509
1,487,612
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
0
13
Total support. (Add lines 9, 10c, 11, and 12.)..
50,739,867
49,311,696
52,654,956
49,010,922
60,979,981
262,697,422
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
99.434 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
82.615 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.566 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
1.036 %
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
USTA National Tennis Center Incorporated
Employer identification number
13-2946690
Identifier
Return Reference
Explanation
Description of Program Activities
PART III - Statement of Program Service Accomplishments
In 2012 the USTA National Tennis Center, Inc. ("NTC") consisted of Arthur Ashe Stadium, Louis Armstrong Stadium, Grandstand Court, indoor tennis facility with 12 courts, lounge, locker rooms, restaurants, pro shop and offices and 20 outdoor courts on 46 acres of New York City park land in Flushing Meadow Park, New York. All operating and mainenance expenses of the facility are borne by the NTC. As described more fully below, the NTC operates programs at the facility year round. In 1991 it was determined that an expanded and improved facility was needed in order to properly fulfill NTC's exempt purposes of providing recreational and civic facilities for the general public. To facilitate the needed expansion, the NTC and the City of New York entered into a long-term ground lease on December 22, 1993, for 46 acres. The lease, including renewal options, is for 99 years. Construction of the new facility began in March, 1994 and was fully completed in time for the 1998 US Open. Construction of the expanded facility was financed through the issuance of approximately $150,000,000 of tax-exempt bonds by the NYC Industrial Development Agency ("IDA"). In that regard, an Indenture of Trust between the IDA and The Bank of New York (as Trustee), a lease Agreement between the IDA and NTC, and a Company Lease between the IDA and the NTC all were entered into as of December 31, 1993. The bond financing closing took place on December 13, 1994. Subsequently, on August 17, 2004, $101,215,000 of NYC IDA bonds were issued for the purpose of redeeming the Series 1994 Bonds. The Series 1994 Bonds were redeemed on November 15, 2004. On May 15, 2003 and December 19, 2007 an additional $50,000,000 and $22,039,000, respectively, of NYC IDA bonds were issued to provide funds for additional improvements to the facility. In 2006 the NTC began the construction of a new indoor tennis facility which was completed in 2008. The new facility includes 12 indoor tennis courts and enables public play and utilization of the facility year round. On December 15, 2009, NTC issued $10,600,000 of bonds to fund additional improvements to the facility. For each of the items mentioned above, Bondholders will be repaid through the revenue generated by the sale of tickets to the US Open. The right to sell tickets and to collect the revenue belongs to the NTC pursuant to an agreement between the NTC and the United States Tennis Association, Inc. ("USTA"), dated as of July 1, 1993. Pursuant to the NTC's lease with New York City and agreement with USTA the US Open Tennis Championships are held annually at the facility.
Community Tennis Development
The Community Tennis Development program at the NTC is intended to promote and develop the game of tennis as a means of healthful recreation and physical fitness for youngsters and the general public while utilizing the facilities at the NTC. Recreation Facility - The facility is open the the public seven days a week except for the time period of the US Open Tennis Championships or when closed for necessary repairs. The general public is encouraged to come utilize the indoor/outdoor tennis courts and other facilities. Courts may be reserved two days in advance or used on the day of play on a first come/first serve basis. In 2012, it is estimated that over 90,000 individuals utilized the facility in this manner. Tennis Clinics and Development - Among the many participants in the programs are New York Junior Tennis and Learning, the NYC Department of Parks and Recreation, the NYC Boys and Girls Public School Athletic Leagues, etc., providing thousands of youth with a free opportunity to learn and play tennis. Free tennis clinics are also conducted for their coaches. In addition to the clinics, the NTC provides tennis instruction with an educational component for local elementary schools through our ACES program(Alternative Classroom Environment). NTC Tournaments/Events - This program promotes tennis play at the NTC by providing various tournaments for local players. At the Junior level (ages 8 to 18), over 500 boys and girls compete against each other based on their abilities. The USTA NTC Junior Classic, a larger, Level 1 sectional tournament, is held for boys and girls 8 through 18 from New York, New Jersey and Connecticut. This tournament has over 350 competitors. 10 and under children participate in Play Days - fun, non-elimination tournaments with appropriate sized racquets, courts, and low compression tennis balls. NTC Summer Camps - This program provides basic tennis instruction, including the Ten & Under format for younger children and basic fitness programs, encourages good sportsmanship, and leads to general character building of children in the NYC area. These services are provided at an affordable cost making it possible for youngsters who would not otherwise get the chance to attend camp or receive tennis instruction. In addition, scholarships are provided to community youth organizations. More than 800 youngsters participated in the 7 week session in 2012. NTC Teaching Programs - These programs provide the public with excellent, reasonably-priced tennis instruction from USPTA and/or PTR certified full-time teaching staff. These teaching programs service thousands of players, from the very young (3 years) to our senior citizens (92+ years) with a wide variety of lesson plans suited to their abilities. The instructors also work in conjunction with other NTC programs in regards to physically and mentally challenged persons.
990 Review Process
Part VI, Section B., Line 11A
Upon completion by the staff, the Form 990 is reviewed by internal and external legal counsel. Then, the Form 990 is reviewed by the NTC's Audit Committee. The Form 990 is also distributed to the full Board of Directors in advance of filing.
Conflict of Interest
Part VI, Section B., Line 12c.
The NTC has a Conflict of Interest and Disclosure Policy that applies to all employees, and a separate conflict of interest policy for volunteers and Board Members; each of the policies are substantially the same. The Conflict of Interest and Disclosure Policy requires an employee, volunteer and Board Member to report all actions, inactions or transactions that create, or appear to create, a conflict of interest. NTC obtains annual certifications from employees, volunteers and Board Members. The Ethics Officer reviews the completed disclosure statements for employees and the Chair of the Audit Committee reviews the completed disclosure statements for the volunteers and Board Members. The Ethics Officer and the Chair of the Audit Committee have the discretion to share the disclosure statements with the entire Audit Committee, Board of Directors and/or COO. The Ethics Officer and the Chair of the Audit Committee determine whether a conflict exists and so mark their decision on the disclosure staement, also indicating the required corrective action should they determine that a conflict exists (which may include, but is not limited to, prohibition in participating, deliberating and deciding issues and/or in transactions).
Compensation Review and Approval
Part VI, Section B, Line 15
The Compensation Committee has responsibility for establishing a compensation strategy and setting the compensation of the Vice Presidents. The Compensation Committee meets a minimum of four times per year and documentation of these meetings and actions taken are contemporaneously secured. Compensation and incentive plan levels are set by the Committee following review of appropriate comparability data. Appropriate comparability data includes, but is not limited to, (i) information regarding compensation paid by similar organizations for similar services, (ii) the availability of similar services in the organization's geographic area, and (iii) compensation surveys compiled by independent firms. NTC Chief Operating Officer's compensation was reviewed in 2012.
Public Availability of Organization's Documents
Part VI, Section C., Line 19
Upon request the public is provided copies of the Organization's tax return, Form 990, which has all of the Organization's financial information. In addition, the Bylaws and the conflict of interest policy are also available upon request from the Organization's legal department.
Member Organization
Part VI, Section A., Lines 6, 7a & 7b.
The United States Tennis Association is the sole member of NTC and elects the directors of NTC. Pursuant to NTC's Bylaws, the sole member has the right to remove directors with or without cause, to fill vacancies in the Board of Directors, and to amend the Certificate of Incorporation and the Bylaws of NTC. In addition, the sole member has the right to approve or ratify certain decisions of the Board of Directors of NTC (such as the decision to merge or dissolve) pursuant to the State of New York Not-for-Profit Corporation Law.
Interest Rate on Swap
Part XI - Line 5
The amount of this line represents the unrealized loss on the interest rate on the swap agreement which is included in the NTC's audited financical statements as an unrealized loss but not in the form 990.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.