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 BIG APPLE CIRCUS LTD
Employer identification number
13-2906037
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.") .
4,222,291
6,971,437
3,445,479
3,114,315
4,881,815
22,635,337
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......
13,987,853
11,787,035
13,430,543
13,072,125
11,771,367
64,048,923
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
2,040,891
1,817,747
1,960,986
2,081,912
1,538,912
9,440,448
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.
20,251,035
20,576,219
18,837,008
18,268,352
18,192,094
96,124,708
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
488,948
1,113,590
334,300
560,488
1,240,190
3,737,516
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.
809,966
196,598
433,644
1,440,208
c
Add lines 7a and 7b..
488,948
1,113,590
1,144,266
757,086
1,673,834
5,177,724
8
Public support (Subtract line 7c from line 6.)
90,946,984
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...
20,251,035
20,576,219
18,837,008
18,268,352
18,192,094
96,124,708
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
3,165
37,607
73,645
151,706
67,460
333,583
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
35,680
193,949
105,065
1,293,661
1,225,607
2,853,962
c
Add lines 10a and 10b.
38,845
231,556
178,710
1,445,367
1,293,067
3,187,545
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.)
..
89,419
215,045
92,765
85,652
482,881
13
Total support. (Add lines 9, 10c, 11, and 12.)..
20,379,299
21,022,820
19,108,483
19,713,719
19,570,813
99,795,134
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
91.130 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
95.510 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
3.190 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
0.330 %
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 BIG APPLE CIRCUS LTD
Employer identification number
13-2906037
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
THE FINANCE COMMITTEE AND EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS WILL REVIEW AND APPROVE THE IRS FORM 990 BEFORE IT IS FILED. IT WILL BE DISTRIBUTED TO THEM ELECTRONICALLY. THE TWO COMMITTEES' REVIEWS ARE RECORDED IN RESPECTIVE COMMITTEE MINUTES. THE CHAIR OF THE FINANCE COMMITTEE, THE PRESIDENT, AND THE CHAIR OF THE BOARD WILL REPORT THE RESPECTIVE COMMITTEE REVIEWS AND APPROVALS AND ANY RELEVANT FINDINGS TO THE BOARD OF DIRECTORS DURING THE FULL BOARD'S SUBSEQUENT MEETING. COPIES OF THE FORM 990 WILL BE DISTRIBUTED TO ALL MEMBERS OF THE BOARD OF DIRECTORS ELECTRONICALLY BEFORE THE FORM IS FILED WITH THE IRS.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY COVERS MEMBERS OF THE BOARD OF DIRECTORS AND KEY EMPLOYEES. ALL KEY EMPLOYEES AND ALL MEMBERS OF THE BOARD OF DIRECTORS NEED TO RENEW THEIR CERTIFICATION OF COMPLIANCE ON AN ANNUAL BASIS. IF AT ANY TIME DURING HIS OR HER TERM OF SERVICE, A DIRECTOR OR KEY EMPLOYEE ACQUIRES ANY INTEREST OR OTHERWISE A CIRCUMSTANCE ARISES WHICH MAY POSE A CONFLICT OF INTEREST, THAT INTEREST OR OTHER CONFLICT SHALL BE PROMPTLY DISCLOSED IN WRITING TO THE CHAIR OF THE BOARD. WHEN ANY MATTER FOR DECISION OR APPROVAL COMES BEFORE THE BOARD OR ANY COMMITTEE OF THE BOARD IN WHICH A DIRECTOR HAS AN INTEREST OR OTHER CONFLICT, THAT INTEREST OR OTHER CONFLICT SHALL BE IMMEDIATELY DISCLOSED TO THE BOARD OR RELEVANT COMMITTEE BY THAT DIRECTOR. THE POLICY CALLS FOR THE FOLLOWING DISCLOSURE REQUIREMENTS: 1. DIRECTORS AND KEY EMPLOYEES SHALL DISCLOSE IN WRITING, ANY INTEREST (AS DEFINED BELOW) SUCH PERSON MAY HAVE IN ANY ENTITY WHICH PROVIDES PROFESSIONAL OR OTHER GOODS OR SERVICES TO THE CORPORATION FOR A FEE OR OTHER COMPENSATION 2. ANY POSITION OR OTHER MATERIAL RELATIONSHIP SUCH DIRECTOR OR KEY EMPLOYEES MAY HAVE WITH ANY OTHER NOT-FOR-PROFIT CORPORATION WITH WHICH THE CORPORATION HAS AN ATTORNEY-CLIENT OR OTHER BUSINESS RELATIONSHIP THE CONFLICT OF INTEREST POLICY DEFINES THE FOLLOWING AS RISING TO THE LEVEL OF A POTENTIAL CONFLICT OF INTEREST: 1. IF THE DERIVE A SIGNIFICANT INDIVIDUAL ECONOMIC BENEFIT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY TRANSACTION OR RELATIONSHIP INVOLVING SUCH ENTITY OR ANY DECISION ON A MATTER INVOLVING SUCH ENTITY BY THE BOARD OR A COMMITTEE. THE FOLLOWING RESTRICTIONS WOULD BE IMPOSED ON SUCH PERSONS WITH A CONFLICT: 1. VOTING. NO DIRECTOR SHALL VOTE ON ANY MATTER IN WHICH HE OR SHE HAS A CONFLICT OF INTEREST. 2. NON-PARTICIPATION. ANY DIRECTOR WHO HAS A CONFLICT OF INTEREST IN A MATTER SHALL LEAVE THE ROOM IN WHICH DISCUSSION REGARDING THAT MATTER IS CARRIED ON, IF SO REQUESTED BY THE BOARD OR THE RELEVANT COMMITTEE; PROVIDED, HOWEVER, THAT THE INTERESTED DIRECTOR MAY PARTICIPATE IN ANY DISCUSSION REGARDING HIS OR HER ABSENCE. 3. ATTEMPTS TO INFLUENCE. DIRECTORS SHALL NOT ATTEMPT TO INFLUENCE OTHER DIRECTORS REGARDING MATTERS IN WHICH THEY HAVE A CONFLICT OF INTEREST, WITHOUT FIRST DISCLOSING THAT CONFLICT OF INTEREST. 4. CONTRACT REVIEW COMMITTEE. THE BOARD MAY, IN ITS OWN DISCRETION ESTABLISH A CONTRACT REVIEW COMMITTEE CONSISTING OF AT LEAST THREE (3) DIRECTORS TO REVIEW ANY CONTRACT THAT IS PROPOSED FOR APPROVAL BY THE BOARD RESPECTING WHICH A DIRECTOR OR KEY EMPLOYEE MAY HAVE A CONFLICT OF INTEREST (AN "INTERESTED PARTY CONTRACT"). IF NO CONTRACT REVIEW COMMITTEE HAS BEEN DULY APPOINTED, AT ANY TIME, THE BOARD (NOT INCLUDING THE DIRECTORS HAVING AN INTEREST IN THE APPLICABLE CONTRACT) SHALL SERVE SUCH ROLE. THE CONTRACT REVIEW COMMITTEE OR BOARD SHALL REVIEW THE INTERESTED PARTY CONTRACT AND DETERMINE WHETHER TO AUTHORIZE THE CONTRACT; PROVIDED THAT IF THE CONTRACT IS OF A MAGNITUDE THAT IT WOULD OTHERWISE REQUIRE BOARD APPROVAL, THE CONTRACT REVIEW COMMITTEE SHALL SUBMIT THE CONTRACT TO THE BOARD WITH ITS RECOMMENDATION WHETHER OR NOT TO APPROVE IT. THE CONTRACT REVIEW COMMITTEE OR THE BOARD MUST APPROVE AN INTERESTED PARTY CONTRACT BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS ENTITLED TO VOTE ON THE MATTER. THE CONFLICT OF INTEREST POLICY DEFINES THE FOLLOWING AS RISING TO THE LEVEL OF A POTENTIAL CONFLICT OF INTEREST: IF THEY DERIVE A SIGNIFICANT INDIVIDUAL ECONOMIC BENEFIT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY TRANSACTION OR RELATIONSHIP INVOLVING SUCH ENTITY OR ANY DECISION ON A MATTER INVOLVING SUCH ENTITY BY THE BOARD OR A COMMITTEE. THE FOLLOWING RESTRICTIONS WOULD BE IMPOSED ON SUCH PERSONS WITH A CONFLICT: 1. VOTING. NO DIRECTOR SHALL VOTE ON ANY MATTER IN WHICH HE OR SHE HAS A CONFLICT OF INTEREST. 2. NON-PARTICIPATION. ANY DIRECTOR WHO HAS A CONFLICT OF INTEREST IN A MATTER SHALL LEAVE THE ROOM IN WHICH DISCUSSION REGARDING THAT MATTER IS CARRIED ON, IF SO REQUESTED BY THE BOARD OR THE RELEVANT COMMITTEE; PROVIDED, HOWEVER, THAT THE INTERESTED DIRECTOR MAY PARTICIPATE IN ANY DISCUSSION REGARDING HIS OR HER ABSENCE. 3. ATTEMPTS TO INFLUENCE. DIRECTORS SHALL NOT ATTEMPT TO INFLUENCE OTHER DIRECTORS REGARDING MATTERS IN WHICH THEY HAVE A CONFLICT OF INTEREST, WITHOUT FIRST DISCLOSING THAT CONFLICT OF INTEREST. 4. CONTRACT REVIEW COMMITTEE. THE BOARD MAY, IN ITS OWN DISCRETION ESTABLISH A CONTRACT REVIEW COMMITTEE CONSISTING OF AT LEAST THREE (3) DIRECTORS TO REVIEW ANY CONTRACT THAT IS PROPOSED FOR APPROVAL BY THE BOARD RESPECTING WHICH A DIRECTOR OR KEY EMPLOYEE MAY HAVE A CONFLICT OF INTEREST (AN "INTERESTED PARTY CONTRACT"). IF NO CONTRACT REVIEW COMMITTEE HAS BEEN DULY APPOINTED, AT ANY TIME, THE BOARD (NOT INCLUDING THE DIRECTORS HAVING AN INTEREST IN THE APPLICABLE CONTRACT) SHALL SERVE SUCH ROLE. THE CONTRACT REVIEW COMMITTEE OR BOARD SHALL REVIEW THE INTERESTED PARTY CONTRACT AND DETERMINE WHETHER TO AUTHORIZE THE CONTRACT; PROVIDED THAT IF THE CONTRACT IS OF A MAGNITUDE THAT IT WOULD OTHERWISE REQUIRE BOARD APPROVAL, THE CONTRACT REVIEW COMMITTEE SHALL SUBMIT THE CONTRACT TO THE BOARD WITH ITS RECOMMENDATION WHETHER OR NOT TO APPROVE IT. THE CONTRACT REVIEW COMMITTEE OR THE BOARD MUST APPROVE AN INTERESTED PARTY CONTRACT BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS ENTITLED TO VOTE ON THE MATTER.
FORM 990, PART VI, SECTION B, LINE 15
THE BIG APPLE CIRCUS HAS USED A NATIONAL EMPLOYMENT CONSULTING FIRM TO SELECT CEO LEVEL CANDIDATES AND FACILITATE THE HIRING PROCESS. THE FIRM CONDUCTED A MARKET ANALYSIS TO DEVELOP RECOMMENDATIONS FOR EXECUTIVE COMPENSATION BASED UPON THEIR RESEARCH. WHEN CANDIDATES EMERGED FROM THE SELECTION PROCESS, INCLUDING BOARD INTERVIEWS, THE CONSULTING GROUP PRESENTS THE CANDIDATES' RESUMES AND COMPENSATION GUIDELINES TO THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS FOR REVIEW, DISCUSSION, AND APPROVAL. THE COMMITTEE'S DELIBERATIONS, DISCUSSION, AND DECISION ARE DOCUMENTED IN COMMITTEE MINUTES. THIS PROCESS WAS LAST PERFORMED IN MAY, 2012, TO FINALIZE THE EMPLOYMENT AND COMPENSATION ARRANGEMENTS FOR THE NEW EXECUTIVE DIRECTOR, WHO ASSUMED HER POSITION ON JULY 16, 2012. NO CHANGES TO THE PROCESS FOR DETERMINING EXECUTIVE COMPENSATION WERE MADE IN FY 2013-2014. TO ESTABLISH COMPENSATION FOR OTHER SENIOR STAFF, THE EXECUTIVE COMMITTEE REVIEWS INFORMATION FROM THE GUIDE STAR NATIONAL COMPENSATION SURVEYS AND THE ERI NONPROFIT COMPARABLES ASSESSOR, AS WELL AS DRAWING ON THE CIRCUS'S STAFFING HISTORY AND BOARD MEMBERS' FAMILIARITY WITH OTHER NONPROFITS.
FORM 990, PART VI, SECTION C, LINE 19
THE FORM 990 FOR THE BIG APPLE CIRCUS, LTD. 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, CONFLICT OF INTEREST POLICY, ARTICLES OF INCORPORATION AND BY-LAWS ARE AVAILABLE UPON WRITTEN REQUEST OF THE ORGANIZATION AT ONE METROTECH CENTER, BROOKLYN, NY 11201, OR BY CALLING THE ORGANIZATION AT 212-268-2500.
FORM 990, PART IX, LINE 11G
OUTSIDE SERVICES: PROGRAM SERVICE EXPENSES 2,172,212. MANAGEMENT AND GENERAL EXPENSES 296,256. FUNDRAISING EXPENSES 0. TOTAL EXPENSES 2,468,468.
FORM 990, PART XII, LINE 2C: AUDIT OVERSIGHT
THE PROCESS FOR OVERSIGHT OF THE AUDIT, PREPARATION OF THE FINANCIAL STATEMENTS, AND SELECTION OF THE INDEPENDENT ACCOUNTANT HAS NOT CHANGED FROM THE PROCESS EMPLOYED IN THE PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.