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
APOLLO THEATER FOUNDATION INC
Employer identification number
13-3630066
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.") .
9,238,801
9,649,988
8,217,560
11,489,913
8,067,499
46,663,761
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......
3,480,471
3,058,593
3,453,078
4,044,132
5,363,027
19,399,301
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.
12,719,272
12,708,581
11,670,638
15,534,045
13,430,526
66,063,062
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
320,500
571,776
2,712,293
2,348,634
1,067,827
7,021,030
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.
825,322
53,865
8,660
244,413
577,909
1,710,169
c
Add lines 7a and 7b..
1,145,822
625,641
2,720,953
2,593,047
1,645,736
8,731,199
8
Public support (Subtract line 7c from line 6.)
57,331,863
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...
12,719,272
12,708,581
11,670,638
15,534,045
13,430,526
66,063,062
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,390,158
1,807,071
2,279,621
2,505,833
2,673,648
10,656,331
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
1,390,158
1,807,071
2,279,621
2,505,833
2,673,648
10,656,331
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.)
..
13,772
22,621
6,015
14,307
77,844
134,559
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14,123,202
14,538,273
13,956,274
18,054,185
16,182,018
76,853,952
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
74.600 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
75.560 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
13.870 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
12.780 %
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
APOLLO THEATER FOUNDATION INC
Employer identification number
13-3630066
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
PRIOR TO FILING THE FORM 990, THE 1ST REVIEW IS CONDUCTED BY THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS. THE INDEPENDENT AUDITOR PRESENTS THE FORM 990 TO THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS AND ANY QUESTIONS AND CONCERNS ARE ADDRESSED. SUBSEQUENTLY THE FORM 990 IS DISTRIBUTED TO THE FULL BOARD OF DIRECTORS FOR FINAL REVIEW AND APPROVAL. UPON APPROVAL OF THE FORM 990 BY THE BOARD OF DIRECTORS, IT IS FILED WITH THE INTERNAL REVENUE SERVICE.
FORM 990, PART VI, SECTION B, LINE 12C
DISCLOSURE OF CONFLICT. AN INTERESTED PERSON MUST DISCLOSE ORALLY OR IN WRITING THE EXISTENCE OF HIS OR HER INTEREST AND ALL MATERIAL FACTS RELATED TO AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST TO DIRECTORS AND/OR MEMBERS OF COMMITTEES AUTHORIZING A PROPOSED CONTRACT OR OTHER TRANSACTION INVOLVING SUCH CONFLICT OF INTEREST. IF A CONTRACT OR TRANSACTION IS NOT BEING CONSIDERED BY THE BOARD OR A COMMITTEE, THE REQUIRED DISCLOSURE MUST BE MADE TO THE CHAIRMAN OF THE BOARD, CHAIRMAN OF THE AUDIT COMMITTEE, SECRETARY OR THE CHAIRMAN'S DESIGNEE, WHO SHALL, SUBJECT TO THE DISCRETION OF THE CHAIRMAN (WHERE THE INTERESTED PERSON IS NOT THE CHAIRMAN), DISCLOSE SUCH POTENTIAL CONFLICT OF INTEREST TO THE BOARD OF DIRECTORS OR THE AUDIT COMMITTEE. UNTIL A PROPOSED CONTRACT OR OTHER TRANSACTION INVOLVING A CONFLICT OF INTEREST HAS BEEN VOTED UPON BY THE BOARD OR A COMMITTEE, AN INTERESTED PERSON SHALL REFRAIN FROM ANY ACTION THAT MIGHT AFFECT THE FOUNDATION'S PARTICIPATION IN ANY CONTRACT OR TRANSACTION AFFECTED BY SUCH CONFLICT OF INTEREST. AN INTERESTED PERSON MAY NOT VOTE ON THE CONTRACT OR TRANSACTION TO WHICH THE CONFLICT OF INTEREST RELATES, BUT MAY BE COUNTED IN DETERMINING THE PRESENCE OF A QUORUM AT THE MEETING OF THE BOARD OR COMMITTEE THAT AUTHORIZES SUCH CONTRACTS OR TRANSACTIONS. THE BOARD OR COMMITTEE SHALL DETERMINE BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS WHETHER A CONFLICT OF INTEREST EXISTS AND, IF SO, WHETHER THE FOUNDATION SHOULD NONETHELESS ENTER INTO THE CONTRACT OR TRANSACTION BECAUSE IT IS IN THE FOUNDATION'S BEST INTEREST. ARTICLE V. VIOLATIONS OF THE CONFLICT OF INTEREST POLICY 1.FAILURE TO DISCLOSE CONFLICT. IF THE BOARD OR COMMITTEE HAS GOOD REASON TO BELIEVE THAT AN INTERESTED PERSON HAS FAILED TO DISCLOSE AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST, IT SHALL INFORM THE INTERESTED PERSON OF THE BASIS FOR SUCH BELIEF AND AFFORD THE INTERESTED PERSON AN OPPORTUNITY TO EXPLAIN THE ALLEGED FAILURE TO DISCLOSE PRIOR TO THE BOARD OR SUCH COMMITTEE TAKING ANY ACTION WITH RESPECT TO THE CONTRACT OR OTHER TRANSACTION INVOLVING A CONFLICT OF INTEREST. 2.DISCIPLINARY ACTION. IF, AFTER HEARING THE RESPONSE OF THE INTERESTED PERSON AND MAKING ANY FURTHER INVESTIGATION AS MAY BE WARRANTED IN THE CIRCUMSTANCES, THE BOARD OR COMMITTEE DETERMINES THAT THE MEMBER HAS IN FACT FAILED TO DISCLOSE AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST, THE BOARD OR SUCH COMMITTEE MAY TAKE APPROPRIATE DISCIPLINARY AND CORRECTIVE ACTION, WHICH MAY INCLUDE REMOVAL OF A DIRECTOR FROM THE BOARD OR A COMMITTEE OR TERMINATION OF AN EMPLOYEE'S EMPLOYMENT. EACH INTERESTED PERSON SHALL ANNUALLY SIGN A STATEMENT WHICH AFFIRMS THAT SUCH PERSON HAS RECEIVED A COPY OF THE POLICY, HAS READ AND UNDERSTANDS THE POLICY AND HAS AGREED TO COMPLY WITH THE POLICY. IN ADDITION, EACH INTERESTED PERSON SHALL DISCLOSE ON SUCH ANNUAL STATEMENT ANY RELATIONSHIPS, CIRCUMSTANCES OR POSITIONS IN WHICH THE INTERESTED PERSON OR A FAMILY MEMBER IS INVOLVED THAT HE OR SHE BELIEVES COULD RESULT IN, CAUSE OR CONTRIBUTE TO A CONFLICT OF INTEREST ARISING. THE POLICY IS REVIEWED ANNUALLY BY THE BOARD OF DIRECTORS OR THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION B, LINE 15
THE INDEPENDENT COMPENSATION COMMITTEE OF THE BOARD REVIEWS AND APPROVES THE EXECUTIVE LEVEL SALARIES ON AN ANNUAL BASIS. THEY USE SALARY SURVEYS FROM SIMILAR SIZED ORGANIZATIONS WITHIN THE PERFORMING ARTS INDUSTRY FOR BENCHMARKING. OTHER THAN THESE EXECUTIVE LEVEL EMPLOYEES, NO OTHER EMPLOYEES OF THE ORGANIZATION MEET THE CRITERIA TO BE CLASSIFIED AS OFFICERS OR KEY EMPLOYEES.
FORM 990, PART VI, SECTION C, LINE 19
THE FINANCIAL STATEMENTS ARE AVAILABLE UPON REQUEST. THE ORGANIZATION'S GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE NOT AVAILABLE TO THE PUBLIC.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.