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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
EL PASO - AMERICAN HOUSING FOUNDATION INC
Employer identification number
74-2956645
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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......
2,682,213
2,811,233
2,910,986
2,961,261
2,819,389
14,185,082
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.
2,682,213
2,811,233
2,910,986
2,961,261
2,819,389
14,185,082
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.)
14,185,082
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
2,682,213
2,811,233
2,910,986
2,961,261
2,819,389
14,185,082
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
59,175
59,460
59,011
55,954
106
233,706
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
59,175
59,460
59,011
55,954
106
233,706
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.)..
2,741,388
2,870,693
2,969,997
3,017,215
2,819,495
14,418,788
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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
98.380 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
97.680 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
1.620 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
2.320 %
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
EL PASO - AMERICAN HOUSING FOUNDATION INC
Employer identification number
74-2956645
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
PRESIDENT AND DIRECTOR JOHN BRANTLEY BABER HAS A FAMILY RELATIONSHIP WITH VICE PRESIDENT KATHERINE KALINOWSKI.
FORM 990, PART VI, SECTION B, LINE 11
THE DRAFT FORM 990 IS PREPARED BY THE CERTIFIED PUBLIC ACCOUNTANTS RETAINED BY THE TAXPAYER FOR THIS PURPOSE. THE FORM 990 IS REVIEWED BY THE TAXPAYER'S PRESIDENT, WHO DEALS WITH ALL FINANCING, CONTRACT AND CAPITAL EXPENDITURE ISSUES FOR THE TAXPAYER, BY THE TAXPAYER'S GENERAL COUNSEL, WHO DEALS WITH ALL LEGAL AND REGULATORY ISSUES FOR THE TAXPAYER, AND BY THE TAXPAYER'S INDEPENDENT ACCOUNTANT WHO HANDLES ALL PAYABLES AND RECEIVABLES FOR THE TAXPAYER. THE FORM 990 IS SENT IN DRAFT FORM TO ALL MEMBERS OF THE BOARD OF DIRECTORS WITH THE REQUEST TO PROVIDE COMMENTS OR POSE QUESTIONS. IF NECESSARY, A SPECIAL MEETING OF THE BOARD WILL BE CONVENED TO DISCUSS THE FORM 990.
FORM 990, PART VI, SECTION B, LINE 12C
THE TAXPAYER'S CONFLICTS OF INTEREST AND COMPENSATION POLICY ("POLICY") IS STRAIGHT-FORWARD AND ADDRESSES THE DISCLOSURE AND RESOLUTION OF CONFLICTS OF INTEREST IN THE FOLLOWING MANNER: CONFLICTS OF INTEREST - NO DIRECTOR OR OFFICER OF THE TAXPAYER DOES BUSINESS WITH OR RECEIVES ANY MONEY FROM THE TAXPAYER, SO NO SUCH CONFLICTS HAVE ARISEN. IF ANY CONFLICTS OF INTEREST SHOULD ARISE THEY WILL BE DEALT WITH IN ACCORD WITH THE POLICY, WHICH, INTER ALIA, PROVIDES: A. THE BOARD OF DIRECTORS IS REQUIRED TO DETERMINE ALTERNATIVES, IF ANY, TO THE PROPOSED TRANSACTION OR ARRANGEMENT WITH THE INTERESTED PERSON; B. THE BOARD IS REQUIRED TO DETERMINE WHETHER THE TAXPAYER CAN OBTAIN A MORE ADVANTAGEOUS TRANSACTION OR ARRANGEMENT WITH REASONABLE EFFORTS FROM A PERSON OR ENTITY UNRELATED TO INTERESTED PERSON; AND, C. IF A MORE ADVANTAGEOUS TRANSACTION OR ARRANGEMENT IS NOT REASONABLY ATTAINABLE WITH A PERSON OR ENTITY UNRELATED TO INTERESTED PERSON, THE BOARD IS REQUIRED TO DETERMINE WHETHER THE TRANSACTION OR ARRANGEMENT IS IN THE TAXPAYER'S BEST INTEREST AND FOR ITS PRINCIPAL BENEFIT AND WHETHER THE TRANSACTION IS FAIR AND REASONABLE TO THE TAXPAYER AND SHALL MAKE ITS DECISION AS TO WHETHER TO ENTER INTO THE TRANSACTION OR ARRANGEMENT IN CONFORMITY WITH SUCH DETERMINATION.
FORM 990, PART VI, SECTION B, LINE 15
NO DIRECTOR, OFFICER OR KEY EMPLOYEE OF THE TAXPAYER RECEIVES ANY COMPENSATION FROM THE TAXPAYER. THE OFFICERS RECEIVE COMPENSATION ONLY FROM AMERICAN VILLAGE COMMUNITIES, INC., A 501(C)(3) EXEMPT ORGANIZATION AND SUPPORTING ORGANIZATION UNDER SECTION 509 (A)(3) OF THE IRC.
FORM 990, PART VI, SECTION C, LINE 19
UPON REQUEST, THE TAXPAYER SENDS THESE DOCUMENTS TO THE REQUESTING PARTY. IN ADDITION, THE GOVERNING DOCUMENTS ARE FILED WITH THE STATE OF INCORPORATION OF THE TAXPAYER. THE TAXPAYER'S AUDITED FINANCIAL STATEMENTS ARE FILED WITH THE NATIONALLY RECOGNIZED MUNICIPAL SECURITIES INFORMATION REPOSITORIES, EACH YEAR. THE TAXPAYER'S AUDITED FINANCIAL STATEMENTS ARE ALSO FILED WITH EL PASO COUNTY CENTRAL APPRAISAL DISTRICT AND THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS.
FORM 990 WORKSHEET
FORM 990, PART VII SECTION A COLUMN (B): AVERAGE HOURS PER WEEK FOR THE OFFICERS ARE BASED ON ALLOCATING TIME SPENT ON MATTERS CONCERNING THE ORGANIZATION AS OFFICERS OR DIRECTORS OF THE ORGANIZATION AND/OR AMERICAN VILLAGE COMMUNITIES, INC., A 501(C)(3) EXEMPT ORGANIZATION AND THE PARENT OF THE ORGANIZATION PURSUANT TO A GROUP EXEMPTION PERMISSION AND A 509(A)(3) RULING.
FORM 990, PART VII, SECTION A, LINE 1A, COLUMN (F) AND SCHEDULE J, PART II,
EFFECTIVE AS OF JANUARY 1, 2012, AMERICAN VILLAGE COMMUNITIES, INC., A 501(C)(3) EXEMPT ORGANIZATION ("AVC"), AMENDED AND RESTATED ITS DEFINED BENEFIT PENSION PLAN, ESTABLISHED IN 2008, TO INCREASE RETIREMENT BENEFITS FOR ALL EMPLOYEES OF AVC, AND TO EXTEND THE RETIREMENT AGE TO 65. AVC WAS REQUIRED TO MAKE A DEPOSIT IN ORDER TO COMPLY WITH THE ERISA MINIMUM FUNDING STANDARD RELATING TO YEARS 2003-11, AND TO COMPLY WITH THE MINIMUM FUNDING STANDARD FOR 2012 FOR ALL EMPLOYEES. BENEFITS UNDER THE PENSION PLAN BECOME AVAILABLE TO ITS BENEFICIARIES AT AGE 65, AND AVC'S EMPLOYEES WERE 61 OR OLDER IN 2012, THEREBY NECESSITATING SIZEABLE ANNUAL DEPOSITS TO THE PLAN IN 2012 AND EACH SUBSEQUENT YEAR THROUGH 2016. TOTAL COMPENSATION TO THE NAMED OFFICERS, INCLUDING THEIR RESPECTIVE INCREASES IN ACTUARIAL VALUES OF ASSETS ALLOCATED TO THEM IN THE PENSION PLAN, ARE SUPPORTED AS REASONABLE BY THE DECEMBER 2013 COMPARABILITY STUDY PREPARED BY A THIRD PARTY FOR AVC, WAS RECOMMENDED BY THE INDEPENDENT AVC COMPENSATION COMMITTEE AND WAS APPROVED BY THE AVC BOARD OF DIRECTORS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.