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
The Landmark Society of Western New York Inc
Employer identification number
16-0805166
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.") ....
416,582
418,594
444,121
781,828
469,751
2,530,876
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
416,582
418,594
444,121
781,828
469,751
2,530,876
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)..
302,822
6
Public support. Subtract line 5 from line 4.
2,228,054
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..
416,582
418,594
444,121
781,828
469,751
2,530,876
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
124,767
120,072
135,672
126,519
127,921
634,951
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.)..
12,288
18,653
8,077
2,802
7,466
49,286
11
Total support (Add lines 7 through 10).
3,215,113
12
Gross receipts from related activities, etc. (see instructions)
..................
12
725,336
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
69.300 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
71.140 %
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
The Landmark Society of Western New York Inc
Employer identification number
16-0805166
Return Reference
Explanation
Form 990, Part VI, Section A, line 6
As of June 30, 2014 there are 2,087 members.
Form 990, Part VI, Section A, line 7a
During the annual meeting of the members, an election of Trustees is held.
Form 990, Part VI, Section A, line 7b
During the annual meeting of the members, each member is entitled to one vote. Members may vote either in person or by written proxy naming the holder thereof. Except as otherwise required by law, voting need not be by written ballot.
Form 990, Part VI, Section B, line 11
The Landmark Society's Finance Committee will review the Form 990 before it is signed and filed. The Finance Committee has 10 active members and it consists of certified public accountants, attorneys and other businessmen.
Form 990, Part VI, Section B, line 12c
The following employees of the Landmark Society are covered under the conflict of interest policy: Executive Director, Finance Officer, Director of Preservation and the Director of Development. The Trustees and Committee Members are also covered under this policy. Each Trustee, each Committee Member, and each Manager shall annually sign a statement which affirms that he or she (1) has received a copy of the Ethics Policy and has read it and (2) discloses any existing financial or material interests subject to this policy or any transaction prohibited by this policy. The President shall review the statements and refer any issues not previously disclosed to the Board or the appropriate committee. The statements shall be confidential. Each Trustee, each Committee Member, and each Manager shall promptly disclose any interest that he or she has or reasonably expects to have in any matter coming before the Board of Trustees or a committee of the Board. The disclosure shall be to the full Board or committee and shall include sufficient detail to enable the Board or the committee to determine whether the interest of the Trustee, Committee Member or the Manager conflicts with the interest of the Society and, if so, the severity of the conflict. The Board or the committee shall determine what action, if any, is required to protect its confidential information and to advance the interest of the Society. With respect to Arrangements, the Board or the committee may investigate alternatives to a proposed Arrangement. If a majority of the disinterested members of the Board or the committee determine that the proposed Arrangement is in the best interests of the Society and fair and reasonable to the Society, the Board or the committee may proceed with the proposed Arrangement. With respect to Properties, the Board or the committee may investigate ways to minimize or eliminate the conflict of interest in its review of a Property. If the Board or the committee has taken reasonable efforts to reduce the conflict of interest and if a majority of the disinterested members of the Board or the committee determine that full review of a Property is in the best interests of the Society and fair and reasonable to the Society, the Board or the committee may proceed with the review. After disclosing his or her interest, the interested person may respond to questions from the Board or the committee. If the Board or the committee (exclusive of the interested person) determines that a conflict of interest exists, the interested person shall leave the meeting during the following discussion of, and vote on, the Arrangement or Property.
Form 990, Part VI, Section B, line 15a
The Society shall compensate the Director at a reasonable level. The compensation shall be the amount that would ordinarily be paid for like services by like organizations under like circumstances. Relevant factors in determining the compensation include but are not limited to the duties of the position, the skill and experience of the person filling the position, the salaries paid comparable persons in other organizations, the performance of the Director, and the ability of the Society to pay. The Committee shall determine the actual monetary amount and terms of the compensation to be paid or otherwise provided the Director. It shall make this determination after it completes the evaluation of the Director. The Committee shall set a base salary which may last one or more years. The Committee may add automatic or contingent raises, bonuses, and incentive compensation to the base salary. The Committee may defer part of the compensation. The Committee shall fix all fringe benefits, taxable and nontaxable, to be provided the Director. The Committee shall identify all expenses of the Director to be reimbursed by the Society. Finally, as part of the compensation package, the Committee shall fix all benefits to be provided the family or the partner of the Director. Once the Committee approves the amount and terms of the compensation, the Committee or its representatives shall meet with the Director to review the compensation. If the amount and terms of the compensation are agreeable with the Director, the Committee shall confirm the amount and terms in writing to the Director. The Committee shall inform the Board of the amount and terms of the compensation to be paid the Director shortly after the Committee sends the confirmation to the Director. A member of the Committee is disqualified from determining the compensation of the Director, and participating in the deliberations on the subject, if the member is (1) related by blood, marriage or other familial relationship to the Director, (2) employed by the Director outside the Society, (3) has a material financial interest that might be affected by the amount or the terms of the compensation to be approved, (4) has received or may receive an economic benefit from the Director in exchange for the member's approval of the compensation package or (5) has any other conflict of interest prohibited by Treasury Regulation Section 53.4958-6. At the beginning of the Committee's deliberations, each member shall declare whether such a conflict of interest exists. The minutes of the Committee shall adequately document the amount and the terms of the compensation approved, the basis for the determination, the members present for all meetings, and the vote of each member on the compensation. The minutes shall also reflect any conflict of interest revealed by a member and the actions taken by the member and/or the Committee in response. There are no other compensated key employees.
Form 990, Part VI, Section C, line 19
The Landmark Society's governing documents are available to the public, if requested. The audited financial statements are available on the NYS Attorney General's site.
Form 990, Part IX, line 24e
Lawn and Garden: Program service expenses 40,660. Management and general expenses 0. Fundraising expenses 0. Total expenses 40,660. Preservation Services: Program service expenses 33,541. Management and general expenses 0. Fundraising expenses 0. Total expenses 33,541. Newsletter/Public Info: Program service expenses 30,601. Management and general expenses 0. Fundraising expenses 2,183. Total expenses 32,784. 75th Education Initiatives: Program service expenses 20,300. Management and general expenses 0. Fundraising expenses 0. Total expenses 20,300. Other: Program service expenses 6,267. Management and general expenses 1,752. Fundraising expenses 1,464. Total expenses 9,483. Board & Committee Expenses: Program service expenses 0. Management and general expenses 4,238. Fundraising expenses 0. Total expenses 4,238. Membership Activities: Program service expenses 2,020. Management and general expenses 0. Fundraising expenses 2,104. Total expenses 4,124. Association Dues: Program service expenses 2,286. Management and general expenses 0. Fundraising expenses 0. Total expenses 2,286.
Form 990, Part XI, line 9:
Change in Beneficial Interest in Perpetual Trusts 44,486.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.