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
Lutheran Family Services of Virginia Inc
Employer identification number
54-1222012
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.") .
572,527
480,488
360,384
403,489
323,426
2,140,314
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......
4,796,898
10,489,138
10,964,031
21,437,607
23,984,967
71,672,641
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
0
0
0
0
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
0
0
0
0
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
0
0
0
0
0
6
Total. Add lines 1 through 5.
5,369,425
10,969,626
11,324,415
21,841,096
24,308,393
73,812,955
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
141,331
16,350
10,900
13,374
15,205
197,160
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
0
0
0
0
0
c
Add lines 7a and 7b..
141,331
16,350
10,900
13,374
15,205
197,160
8
Public support (Subtract line 7c from line 6.)
73,615,795
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...
5,369,425
10,969,626
11,324,415
21,841,096
24,308,393
73,812,955
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
642
27,952
125,573
-53,755
117,019
217,431
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
0
0
0
0
0
c
Add lines 10a and 10b.
642
27,952
125,573
-53,755
117,019
217,431
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
0
0
0
0
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
696,410
38,742
76,079
26,532
17,864
855,627
13
Total support. (Add lines 9, 10c, 11, and 12.)..
6,066,477
11,036,320
11,526,067
21,813,873
24,443,276
74,886,013
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
98.304 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
0 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.290 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0 %
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
Form 990, Schedule A, Part III, Section B, Line 12 - all amounts reported on line 12 represent other, miscellaneous income for the various years. Examples would include rebates on purchases, "gains" on sale of leased vehicles, garnishment fees charged, and other non-recurring receipts generated by our exempt functions. The exception is for 2008; during this year, the current operations of LFSVA were split among several separate exempt 501(c)(3) corporations. These organizations were all controlled by the Board of Trustees of LFSVA, and shared the same management staff as LFSVA. In addition to conducting its exempt functions, LFSVA also managed the other exempt organizations and provided finance, HR and other administrative functions. An amount of $686,370 was recorded by LFSVA as "management support" and included as miscellaneous income; however, this amount more properly represented reimbursement to LFSVA by the other 501(c)(3) organizations for administrative costs.
Form 990, Schedule A, Part III, Section C, Line 16 and Section D, Line 18 - Letter 947 from the Internal Revenue Service dated June 1, 2000 (the "determination letter") stated in part that LFSVA qualifies as an exempt organization under Code Section 501(c)(3). The letter further stated that the Service had determined that LFSVA is not a private foundation but rather qualified as publicly-supported organization under Code Section 509(a)(2). LFSVA has regularly carried on a number of exempt functions since its inception, one of which is operation of schools for children with autism and emotional disabilities. For prior years, including 6/30/12, LFSVA indicated that it was not a private foundation because it was a school described in Section 170(b)(1)(a)(ii), and indeed operation of such schools was, and continues to be, a significant portion of LFSVA's exempt function. However, for Form 990, Schedule A, Part I for 6/30/13, LFSVA made the decision to demonstrate its qualification as a publicly-supported organization by checking line 9, which describes organizations exempt under Section 509(a)(2). Accordingly, for FYE 6/30/13, LFSVA has completed Part III of Schedule A to demonstrate its qualification as a publicly supported organization, but no information was available from Form 990 for FYE 6/30/12 to list on Schedule A, Part III, lines 16 and 18.
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000197
Software Version:
v1.00
-
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
2012
Open to Public Inspection
Name of the organization
Lutheran Family Services of Virginia Inc
Employer identification number
54-1222012
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
No
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) 2012
Schedule E (Form 990 or 990EZ) 2012
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
SchE_P01_S00_L03
Schedule E, Part I, Line 3
LFSVA does not advertise or solicit students for our Educational Program. Students in need of the services offered by LFSVA in our schools are referred to our schools by the local Public School Boards. LFSVA does not discriminate against any potential students on the basis of race, creed, sex or national origin.
SchE_P01_S00_L06
Schedule E, Part I, Line 6
Students in LFSVA's Minnick Schools are referred by local Public School systems. At the time of referrals, LFSVA and the localities enter into a contract under which the local governments pay LFSVA's published per-diem rates for students who attend our schools.
Schedule E (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000197
Software Version:
v1.00
-
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
Lutheran Family Services of Virginia Inc
Employer identification number
54-1222012
Identifier
Return Reference
Explanation
F990_P06_S0A_L09
Form 990, Part VI, Section A, Line 9
Daniel Malkos, former Chief Financial Officer whose employment terminated October 2012 can no longer be reached at the address for Lutheran Family Services of Virginia. We do not have a forwarding address for Mr. Malkos.
F990_P06_S0B_L11b
Form 990, Part VI, Section B, Line 11b
A copy of the completed Form 990 is distributed to all board members for review. The Form 990 is ratified by the board of directors annually.
F990_P06_S0B_L12c
Form 990, Part VI, Section B, Line 12c
At the annual meeting of the Board of Trustees for LFSVA, the Trustees review the organization's Conflict of Interest policy. The organization also utilizes a confidential, independent third-party reporting system that allows for anonymous reporting of any conflicts. The Executive Committee of the Board is notified immediately of any reported or suspected conflicts of interest, and the full Board of Trustees is notified at the next scheduled meeting of the Board.
F990_P06_S0B_L15
Form 990, Part VI, Section B, Line 15
During 2012, the organization contracted with an independent third party to conduct a compensation study for all positions within the organization. The HR department also collects published compensation survey data. The organization works to ensure that total compensation (including benefits) for all employees is at or above the minimum levels established by the compensation study for each job classification, with the goal being that average employee compensation will be at the median level established by the study. The compensation levels for the various classifications are adjusted annually to account for increases in the cost of living. The Executive Committee of the Board of Trustees conducts an annual performance evaluation of the President and Chief Executive Officer, and also sets the compensation level for the CEO. The CEO, in turn, is responsible for establishing compensation levels for the organization's Vice President of HR, Vice President of Operations, and Chief Financial Officer/Vice President of Finance.
F990_P06_S0C_L19
Form 990, Part VI, Section C, Line 19
LFSVA states on its website (www.lfsva.org) that its governing documents, key policies including the conflict of interest and whistleblower policies, annual audited financial statements and Form 990 are available upon request from the organization's corporate office in Roanoke, VA.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.