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
SWISS INSTITUTE
Employer identification number
13-3414346
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.") ....
580,512
635,168
678,408
791,211
1,062,595
3,747,894
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
580,512
635,168
678,408
791,211
1,062,595
3,747,894
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)..
264,499
6
Public support. Subtract line 5 from line 4.
3,483,395
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..
580,512
635,168
678,408
791,211
1,062,595
3,747,894
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
52,637
57,039
47,473
177,653
143,635
478,437
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.)..
636
18,403
11,994
70
31,103
11
Total support (Add lines 7 through 10).
4,257,434
12
Gross receipts from related activities, etc. (see instructions)
..................
12
1,651,607
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
81.820 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
81.000 %
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......
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
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
SWISS INSTITUTE
Employer identification number
13-3414346
Return Reference
Explanation
FORM 990, PART I, LINE 1
OVER THE LAST YEAR, SWISS INSTITUTE HAS CONTINUED TO BUILD UPON ITS ROLE AS AN INTERNATIONALLY RENOWNED CENTER FOR CONTEMPORARY ART. OUR EXCEPTIONAL AND DIVERSE PROGRAMMING CONTINUES TO PROVIDE AUDIENCES WITH A DIRECT LINK TO THE ARTISTS, IDEAS, AND ENERGY OF SWITZERLAND WHILE SERVING AS A KEY NEW YORK- BASED NEXUS FOR CREATIVE EXCHANGE AND INTERNATIONAL DIALOGUE. 2013 OPENED WITH THE CONTINUATION OF AMY O'NEILL'S HLUSA. INSPIRED BY BARBARA LODEN'S 1971 WORK WANDA, O'NEILL CREATED A SUPER-SIZED ENVIRONMENT, FILLING THE GALLERY WITH PYRAMIDAL FORMS INSCRIBED WITH TWEETS AND ACRONYMS. THESE ELEMENTS INVITED THE AUDIENCE TO CONSIDER THE CONCEPTS OF THE MONUMENTALITY AND DIGITAL SHORTHAND-SOMETHING SET IN STONE AGAINST SOMETHING COMPLETELY EPHEMERAL. IN FEBRUARY, WE WELCOMED MAE FATTO FOR DAS DING!, AN INTERACTIVE PERFORMANCE BASED ON AN EXCHANGE BETWEEN MARTIN HEIDEGGER AND HANNAH ARENDT. SWISS INSTITUTE ALSO PRESENTED FORD GALAXIE, A CUSTOM MODEL FORD COMPLETELY STRIPPED AND RETROFITTED BY JACOB KASSAY, OLIVIER MOSSET, AND SERVANE MARY. WE CONCLUDED THE MONTH WITH MM SERRA'S PRESENTATION OF THE CELLULOID BODY, AN AVANT-GARDE PROGRAM EXAMINING GENDER IN CINEMA. EACH OF THESE EVENTS STRENGTHENED OUR FOLLOWING WITH BOTH EXISITING AND NEW AUDIENCES. JON KESSLER'S THE WEB OPENED IN MARCH TO MUCH ACCLAIM. COMMISSIONED BY THE METAMATIC RESEARCH INITIATIVE, AMSTERDAM, THE INSTALLATION WAS CONCEPTUALIZED AROUND THE WORK OF SWISS PAINTER AND SCULPTOR, JEAN TINGUELY, WITH A MODERN TWIST DRAWN FROM KESSLER'S OWN EXPERIENCE OF FELLOW SUBWAY RIDERS IMMERSED IN THEIR HANDHELD DEVICES. DUBBED "A HIVE OF WHIRRING MACHINERY" BY THE NEW YORK TIMES, KESSLER'S WORK WAS AT ONCE A TECHNOLOGICAL HALL OF MIRRORS AND COMMENTARY ON APPLE'S ROLE IN THE GLOBAL ECONOMY. WITH OVER 4,400 VISITORS, THE WEB MARKED AN ALL-TIME HIGH FOR ATTENDANCE, DRAWING VISITORS FROM AROUND NEW YORK, ACROSS THE U.S. AND FROM AROUND THE WORLD. WE HOSTED A NUMBER OF SCHOOL VISITS FROM INSTITUTIONS INCLUDING SOTHEBY'S INSTITUTE OF ART, ITHACA COLLEGE, SCHOOL OF THE VISUAL ARTS, PARSONS THE NEW SCHOOL FOR DESIGN, AND COLUMBIA UNIVERSITY. DURING THE SUMMER, WE FEATURED THE WORK OF SWISS ARTIST, RETO PULFER WITH ZUSTANDSEFFEKTE-PULFER'S FIRST SOLO SHOW IN THE UNITED STATES. THE ARTIST ENVELOPED SWISS INSTITUTE'S MAIN GALLERY WITH YARDS OF DIAPHANOUS COTTON CLOTH, HAND PAINTED WITH A SWIRLING DREAM-LIKE CONSTELLATION OF COLORFUL FORMS EVOKING A CELESTIAL FEELING OF WEIGHTLESSNESS.
FORM 990, PART VI, SECTION A, LINE 6
SWISS INSTITUTE IS MANAGED BY A GOVERNING BOARD, WHICH IS REFERRED TO AS THE "BOARD OF TRUSTEES." A TRUSTEE SHALL BE A MEMBER DURING HIS/HER TRUSTEESHIP. THE NUMBER OF VOTING TRUSTEES CONSTITUTING THE ENTIRE BOARD SHALL BE AT LEAST FIVE AND NO MORE THAN FIFTEEN. THE PERSON OR PERSONS SIGNING THE CERTIFICATE OF INCORPORATION AS THE INCORPORATOR OR INCORPORATORS SHALL BE THE FIRST MEMBER OR MEMBERS OF THE SWISS INSTITUTE UNLESS THEY HAVE RESIGNED OR UNLESS MEMBERSHIP SHOULD BE TERMINATED. THEREAFTER, THE QUALIFICATIONS AND ELIGIBILITY FOR MEMBERSHIP AND THE MANNER OF ADMISSION INTO MEMBERSHIP SHALL BE PRESCRIBED BY RESOLUTION OF THE BOARD OF TRUSTEES AND/OR BY ANY SIMILARLY PRESCRIBED RULES AND REGULATIONS WHICH THE BOARD OF TRUSTEES MAY PROMULGATE.
FORM 990, PART VI, SECTION A, LINE 7A
TRUSTEES SHALL BE ELECTED AT THE ANNUAL MEETING OF MEMBERS BY A PLURALITY OF THE VOTES CAST BY THE MEMBERS. THE NUMBER OF TRUSTEES MAY BE INCREASED OR DECREASED BY ACTION OF THE TRUSTEES, PROVIDED THAT ANY ACTION OF THE TRUSTEES TO THE EFFECT SUCH INCREASE OR DECREASE SHALL REQUIRE THE VOTE OF A MAJORITY OF THE ENTIRE BOARD. THE TRUSTEES MAY ALSO ELECT OR APPOINT A CHAIRMAN OF THE BOARD, A VICE CHAIRMAN OF THE BOARD, A SECRETARY AND ONE OR MORE ASSISTANT SECRETARIES, A TREASURER AND ONE OR MORE ASSISTANT TREASURERS, AND SUCH OTHER OFFICERS AND AGENTS AS THEY MAY DETERMINE. EACH MEMBERSHIP SHALL ENTITLE THE HOLDER THEREOF TO ONE VOTE. IN THE ELECTION OF TRUSTEES, A PLURALITY OF THE VOTES CAST SHALL ELECT. ANY OTHER ACTION SHALL BE AUTHORIZED BY A MAJORITY OF THE VOTES CAST EXCEPT WHERE THE NOT-FOR-PROFIT CORPORATION LAW PRESCRIBES A DIFFERENT PROPORTION OF VOTES; PROVIDED THAT THE SAID MAJORITY OF THE AFFIRMATIVE VOTES CAST SHALL BE AT LEAST EQUAL TO A QUORUM.
FORM 990, PART VI, SECTION A, LINE 7B
GOVERNANCE DECISIONS OF THE SWISS INSTITUTE ARE RESERVED TO THE MEMBERS OF THE BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION B, LINE 11
THE FEDERAL FORM 990 IS PREPARED BY THE EXTERNAL ACCOUNTANT, AND A FINAL DRAFT IS EMAILED TO THE SWISS INSTITUTE'S BOOKKEEPER FOR A PRELIMINARY REVIEW. UPON COMPLETION, THE BOOKKEEPER THEN FORWARDS AN ELECTRONIC COPY TO THE DIRECTOR AND TREASURER FOR REVIEW AND APPROVAL. THE BOOKKEEPER NOTIFIES THE EXTERNAL ACCOUNTANT THAT THE FORM 990 IS APPROVED AND READY TO BE FILED. ONCE FILED, THE TREASURER DISTRIBUTES PAPER COPIES OF THE FILED FORM TO THE REST OF THE BOARD MEMBERS FOR DISCUSSION DURING THE NEXT BOARD MEETING.
FORM 990, PART VI, SECTION B, LINE 15A
THE BOARD OF TRUSTEES DETERMINES THE COMPENSATION OF THE DIRECTORS. COMPARABLE COMPENSATION LEVELS FOR SIMILAR POSITIONS IN SIMILAR INDUSTRIES ARE EXPLORED BY EXPERTS IN THE INDUSTRY, AND DISCUSSED AT THE BOARD MEETING TO DETERMINE TOTAL COMPENSATION PACKAGES FOR THE DIRECTORS. ALL COMPENSATION DELIBERATIONS AND DECISIONS ARE DOCUMENTED IN THE BOARD MINUTES. THE DIRECTORS ARE PROVIDED WITH AN EMPLOYMENT CONTRACT THAT OUTLINES THE COMPENSATION PACKAGE. THIS PROCESS WAS LAST IMPLEMENTED ON 10/7/13 TO DETEMINE THE EMPLOYMENT ARRANGEMENTS FOR THE PRESENT DIRECTOR.
FORM 990, PART VI, SECTION C, LINE 19
THE FORM 990 IS AVAILABLE FOR PUBLIC INSPECTION AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE SERVICE CODE AS IT IS POSTED ON GUIDESTAR.ORG AND OTHER SIMILAR WEBSITES. IN ADDITION, FORMS 990 AND 1023, AS WELL AS THE FINANCIAL STATEMENTS, ARTICLES OF INCORPORATION AND BYLAWS ARE AVAILABLE UPON WRITTEN REQUEST OF THE ORGANIZATION AT 18 WOOSTER STREET, NEW YORK, NY 10022, OR BY CALLING THE ORGANIZATION AT (212)925-2035.
FORM 990, PART XII, LINE 2C: SELECTION OF OUTSIDE ACCOUNTANTS
THE OVERSIGHT PROCESS OF THE ORGANIZATION'S AUDIT OF ITS FINANCIAL STATEMENTS AND SELECTION OF AN OUTSIDE ACCOUNTANT HAS NOT CHANGED FROM THE PROCESS FOLLOWED IN THE PRIOR YEAR.
FORM 990, PART IV, SECTION B, LINE 12: CONFLICT OF INTEREST POLICY
THE BOARD OF TRUSTEES IS CURRENTLY IN THE PROCESS OF REVIEWING A DRAFT OF THE CONFLICT ON INTEREST POLICY FOR ADOPTION IN 2014.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.