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 COLONIAL THEATRE
Employer identification number
02-0466087
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.") .
497,152
588,238
407,765
642,690
568,634
2,704,479
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......
847,848
890,925
908,168
1,066,803
920,096
4,633,840
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.
1,345,000
1,479,163
1,315,933
1,709,493
1,488,730
7,338,319
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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
c
Add lines 7a and 7b..
0
8
Public support (Subtract line 7c from line 6.)
7,338,319
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...
1,345,000
1,479,163
1,315,933
1,709,493
1,488,730
7,338,319
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
93,489
152,793
152,787
136,726
65,308
601,103
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
93,489
152,793
152,787
136,726
65,308
601,103
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.)
..
-61
109
4,637
4,334
4,794
13,813
13
Total support. (Add lines 9, 10c, 11, and 12.)..
1,438,428
1,632,065
1,473,357
1,850,553
1,558,832
7,953,235
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
92.270 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
91.740 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
7.560 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
8.140 %
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 COLONIAL THEATRE
Employer identification number
02-0466087
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 4
THE BY LAWS OF THE COLONIAL THEATRE WERE UPDATED TO REFLECT THE CURRENT OPERATIONS OF THE THEATRE AND TO ENSURE COMPLIANCE WITH ALL RELEVANT LAWS AND REGULATIONS.
FORM 990, PART VI, SECTION A, LINE 5
IN NOVEMBER OF 2014 THE COLONIAL THEATRE BECAME AWARE OF FRAUDULENT ACTS PERPETRATED BY A FORMER EMPLOYEE. THESE ACTS GENERALLY INVOLVED FRAUDULENT EXPENDITURES AND MISAPPROPRIATION OF THEATRE ASSETS. MANAGEMENT AND THE BOARD OF DIRECTORS IMMEDIATELY INITIATED AN INVESTIGATION TO IDENTIFY THE SCOPE OF THE FRAUDULENT ACTIVITY AND TO DETERMINE THE METHODS BY WHICH IT OCCURRED. A CERTIFIED FRAUD AUDITOR WAS ENGAGED, AND BASED ON THE REPORT OF FINDINGS ISSUED BY THE AUDITOR AND MANAGEMENT'S OWN INVESTIGATION FRAUDULENT TRANSACTIONS WERE IDENTIFIED TOTALING APPROXIMATELY $85,000. THESE TRANSACTIONS OCCURRED OVER A PERIOD DATING FROM JANUARY 1, 2010 TO NOVEMBER 15, 2014. ADDITIONAL TRANSACTIONS WERE IDENTIFIED AS SUSPICIOUS; HOWEVER SPECIFIC FRAUDULENT TRANSACTIONS WERE NOT IDENTIFIED. MANAGEMENT ESTIMATES THAT THE TOTAL SCOPE OF THE FRAUD LOSS OVER THE PERIOD EXAMINED LIKELY DOES NOT EXCEED $150,000. MANAGEMENT ESTIMATES AS OF THE DATE OF THIS REPORT THAT THEY WILL REALIZE A FRAUD RECOVERY FROM INSURANCE AND RESTITUTION TOTALING APPROXIMATELY $38,000. IN NOVEMBER OF 2014 THE COLONIAL THEATRE OUTSOURCED THEIR ACCOUNTING FUNCTIONS TO A HIGHLY REPUTABLE THIRD PARTY ACCOUNTING SERVICE AND IS IN THE PROCESS OF EXAMINING THEIR ENTIRE INTERNAL CONTROL PROCESSES AND PROCEDURES. A ROBUST AND COMPREHENSIVE SYSTEM OF INTERNAL CONTROLS IS BEING IMPLEMENTED TO ADDRESS FRAUD RISKS AND PREVENT FUTURE OCCURRENCES.
FORM 990, PART VI, SECTION B, LINE 11
THE FINANCE COMMITTEE REVIEWED AND DISCUSSED THE FORM 990 AND DESIGNATED FINAL APPROVAL TO THE TREASURER AND EXECUTIVE COMMITTEE.
FORM 990, PART VI, SECTION B, LINE 12C
ALL BOARD MEMBERS COMPLETE A CONFLICT OF INTEREST STATEMENT UPON JOINING THE BOARD AND AT LEAST ANNUALLY THEREAFTER. THE DIRECTOR OF FINANCE AND ADMINISTRATION KEEPS THE STATEMENTS ON FILE IN THE BUSINESS OFFICE.
FORM 990, PART VI, SECTION B, LINE 15
THE EXECUTIVE DIRECTOR'S SALARY IS REVIEWED ANNUALLY BY THE EXECUTIVE COMMITTEE. EACH BOARD MEMBER COMPLETES A PERFORMANCE REVIEW FORM AND SUBMITS IT TO THE EXECUTIVE COMMITTEE WHICH THEN REVIEWS THE FORMS AND HAS A REVIEW SESSION WITH THE EXECUTIVE DIRECTOR.
FORM 990, PART VI, SECTION C, LINE 19
GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST. COPIES OF REQUESTED DOCUMENTS MAY BE OBTAINED AT THE BUSINESS OFFICE IN KEENE, NH BY APPOINTMENT, OR MAY BE MAILED TO THE REQUESTOR AT HIS/HER LOCATION.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.