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
UB FOUNDATION ACTIVITIES INC
Employer identification number
16-1372561
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.") ....
32,885,082
35,462,988
52,689,975
51,120,378
47,150,613
219,309,036
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
32,885,082
35,462,988
52,689,975
51,120,378
47,150,613
219,309,036
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)..
0
6
Public support. Subtract line 5 from line 4.
219,309,036
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..
32,885,082
35,462,988
52,689,975
51,120,378
47,150,613
219,309,036
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
309
310
933
575
76
2,203
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
12,522,588
12,303,194
7,535,223
4,693,785
37,054,790
11
Total support (Add lines 7 through 10).
256,366,029
12
Gross receipts from related activities, etc. (see instructions)
..................
12
186,362,544
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
85.545 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
0 %
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
UB FOUNDATION ACTIVITIES INC
Employer identification number
16-1372561
Return Reference
Explanation
TOTAL NUMBER OF INDIVIDUALS EMPLOYED
FORM 990, PART I, LINE 5 THE NUMBER OF W-2S REPORTED IN PART I, LINE 5 REPRESENT THE NUMBER OF EMPLOYEES IN WHICH UB FOUNDATION ACTIVITIES, INC. HAS DIRECTION AND CONTROL. THE MAJORITY OF THE W-2S ISSUED BY UB FOUNDATION ACTIVITIES, INC. ARE FOR INDIVIDUALS WHO UB FOUNDATION ACTIVITIES, INC. DOES NOT HAVE DIRECTION AND CONTROL. DIRECTION AND CONTROL IS MAINTAINED BY THE UNIVERSITY AT BUFFALO AND AS SUCH THESE INDIVIDUALS DO NOT MEET THE COMMON LAW RULE OF THE EMPLOYER/EMPLOYEE RELATIONSHIP BETWEEN UB FOUNDATION ACTIVITIES, INC. AND THE INDIVIDUALS.
FORM 990 REVIEW PROCESS
FORM 990, PART VI, LINE 11B AFTER THE FORM 990 HAS BEEN PREPARED AND COMPLETED INTERNALLY IT IS REVIEWED BY THE ORGANIZATION'S MANAGEMENT. AN EXTERNAL REVIEW OF THE FORM 990 IS THEN PERFORMED BY THE ORGANIZATION'S OUTSIDE ACCOUNTANTS (KPMG). THE ORGANIZATION'S BOARD OF DIRECTORS HAS DELEGATED THE REVIEW PROCESS TO THE AUDIT COMMITTEE OF THE UNIVERSITY AT BUFFALO FOUNDATION, INC., AN AFFILIATED ENTITY. THE FORM 990 IS DISCUSSED AT A MEETING OF THE AUDIT COMMITTEE PRIOR TO FILING THE RETURN. UPON COMPLETION OF THE AUDIT COMMITTEE'S REVIEW, THE FORM 990 IS PROVIDED TO THE FULL BOARD OF DIRECTORS PRIOR TO FILING THE RETURN WITH THE INTERNAL REVENUE SERVICE.
EXPLANATION OF MONITORING AND ENFORCEMENT OF CONFLICTS
FORM 990, PART VI, LINE 12C ALL DIRECTORS AND OFFICERS OF THE ORGANIZATION ARE REQUIRED TO COMPLETE A WRITTEN CONFLICT OF INTEREST DISCLOSURE STATEMENT ON AN ANNUAL BASIS. ALL DIRECTORS AND OFFICERS ARE ALSO REQUIRED TO PROVIDE ANY UPDATED INFORMATION ON POTENTIAL CONFLICTS THAT ARISE PRIOR TO THE COMPLETION OF THE DISCLOSURE STATEMENT. ALL DISCLOSURE STATEMENTS ARE REVIEWED BY THE ORGANIZATION'S MANAGEMENT AND LEGAL COUNSEL. ALL SITUATIONS THAT ARE DEEMED TO REPRESENT A CONFLICT AS DESCRIBED IN THE ORGANIZATION'S CONFLICT OF INTEREST POLICY, ARE REPORTED TO THE BOARD CHAIR. THE CONFLICTED INDIVIDUAL MUST RECUSE HIMSELF OR HERSELF DURING THE DISCUSSION OF AND VOTING ON AN ACTION THAT INVOLVES THE IDENTIFIED CONFLICT.
COMPENSATION POLICY
FORM 990, PART VI, LINE 15A THE PROCESS FOR DETERMINING THE COMPENSATION OF UB FOUNDATION ACTIVITIES, INC.'S TOP MANAGEMENT AND KEY EMPLOYEES MEETS THE THREE REQUIREMENTS OF THE REBUTTABLE PRESUMPTION PROVISIONS UNDER TREAS. REG. SEC.53.4958-6. THE COMPENSATION ARRANGEMENT IS APPROVED IN ADVANCE BY UB FOUNDATION ACTIVITIES, INC.'S FINANCE COMMITTEE WHO IS INDEPENDENT OF MANAGEMENT AND FREE OF ANY CONFLICTS OF INTEREST THAT WOULD INTERFERE WITH THEIR EXERCISE OF INDEPENDENT JUDGMENT. IN ADDITION, THE COMPENSATION OF THE EXECUTIVE DIRECTOR IS DETERMINED AND APPROVED IN ADVANCE BY THE PRESIDENT OF THE UNIVERSITY AT BUFFALO AND CHAIR OF THE BOARD OF THE UNIVERSITY AT BUFFALO FOUNDATION, INC. FOR TOP MANAGEMENT AND KEY EMPLOYEES, EXCEPT THE EXECUTIVE DIRECTOR, COMPARABILITY DATA WAS RELIED UPON IN DETERMINING COMPENSATION LEVEL. THE COMPARABILITY DATA INCLUDED AN ANNUAL STUDY FROM A NATIONAL EMPLOYMENT FIRM, AN ANNUAL SURVEY FROM A LOCAL ACCOUNTING FIRM, AND REVIEW OF PUBLIC DOCUMENTS OF SIMILARLY-SIZED ORGANIZATION. THE FINANCE COMMITTEE, PRESIDENT, AND BOARD CHAIR ADEQUATELY AND TIMELY DOCUMENTED THE BASIS FOR SETTING THE COMPENSATION CONCURRENTLY WITH MAKING THE DETERMINATION.
OTHER ORGANIZATION DOCUMENTS PUBLICLY AVAILABLE
FORM 990, PART VI, LINE 19 THE FINANCIAL STATEMENTS, GOVERNING DOCUMENTS, AND CONFLICT OF INTEREST POLICY ARE AVAILABLE UPON REQUEST. IN ADDITION, THE FINANCIAL STATEMENTS AND FORM 990 ARE AVAILABLE ON THE ORGANIZATION'S WEBSITE AND THE FORM 990 IS AVAILABLE AT WWW.GUIDESTAR.ORG.
COMPENSATION OF HIGHEST COMPENSATED EMPLOYEES
FORM 990, PART VII, SECTION A THE INDIVIDUALS LISTED AS "HIGHEST COMPENSATED EMPLOYEES" ARE PAID BY UB FOUNDATION ACTIVITIES, INC. AND THE TAXABLE COMPENSATION FOR EACH IS REPORTED ON FORM W-2. UB FOUNDATION ACTIVITIES, INC. HAS REPORTED ITS HIGHEST COMPENSATED EMPLOYEES IN WHICH THEY HAVE DIRECTION AND CONTROL. UB FOUNDATION ACTIVITIES, INC. ALSO PAYS COMPENSATION TO UNIVERSITY AT BUFFALO EMPLOYEES IN WHICH DIRECTION AND CONTROL IS MAINTAINED BY THE UNIVERSITY AT BUFFALO. AS SUCH, THESE INDIVIDUALS DO NOT MEET THE STATUS OF AN EMPLOYEE OF UB FOUNDATION ACTIVITIES, INC. UNDER THE COMMON LAW RULES APPLICABLE IN DETERMINING THE EMPLOYER/EMPLOYEE RELATIONSHIP. BASED UPON THE FORM 990 DEFINITIONS OF "RELATED ORGANIZATION" THE UNIVERSITY AT BUFFALO IS ALSO NOT CONSIDERED A RELATED ORGANIZATION TO UB FOUNDATION ACTIVITIES, INC. THE BOARD OF TRUSTEES OF UB FOUNDATION ACTIVITIES, INC. IS NOT COMPRISED OF A MAJORITY OF THE UNIVERSITY AT BUFFALO'S BOARD OF TRUSTEES. NOR DOES THE UNIVERSITY AT BUFFALO HAVE THE POWER TO REPLACE, APPOINT, ELECT, APPROVE/VETO THE APPOINTMENT OR ELECTION OF, A MAJORITY OF UB FOUNDATION ACTIVITIES, INC.'S DIRECTORS OR TRUSTEES.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.