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
VILAR CENTER FOR THE ARTS FOUNDATION FKA-BEAVER CREEK FOUNDATION
Employer identification number
84-1316133
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.") ....
2,077,197
1,584,385
9,615
9,615
3,680,812
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
2,077,197
1,584,385
9,615
9,615
3,680,812
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)..
782,057
6
Public support. Subtract line 5 from line 4.
2,898,755
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..
2,077,197
1,584,385
9,615
9,615
3,680,812
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
53,766
59,438
86,055
95,969
121,125
416,353
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).
4,097,165
12
Gross receipts from related activities, etc. (see instructions)
..................
12
1,710,349
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
70.750 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
63.580 %
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
VILAR CENTER FOR THE ARTS FOUNDATION FKA-BEAVER CREEK FOUNDATION
Employer identification number
84-1316133
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
THE PRESIDENT AND CHIEF FINANCIAL OFFICER ARE EMPLOYED BY VAIL VALLEY FOUNDATION, A RELATED EXEMPT ORGANIZATION. MEMBERS OF THE BOARD ARE ALSO BOARD MEMBERS OF VAIL VALLEY FOUNDATION. THEREFORE, BUSINESS RELATIONSHIPS EXIST BETWEEN THESE INDIVIDUALS.
FORM 990, PART VI, SECTION A, LINE 3
THE VILAR CENTER FOR THE ARTS FOUNDATION (VCAF) ENTERED INTO A MANAGEMENT PLAN WITH VAIL VALLEY FOUNDATION (VVF), A RELATED ORGANZIATION, IN WHICH VVF ASSUMED THE MANAGEMENT AND OPERATIONS OF THE VILAR CENTER. INCLUDED IN THIS AGREEMENT, VCAF AND VVF RECONSTITUTED THEIR BOARD OF DIRECTORS. EACH ENTITY OPERATES SEPARATELY UNDER A COMMON BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 6
VOTING MEMBER - THE CORPORATION SHALL HAVE ONE VOTING MEMBER, WHICH SHALL BE THE BEAVER CREEK RESORT COMPANY OF COLORADO, A COLORADO NONPROFIT CORPORATION. MEMBERS SHALL HAVE NO OWNERSHIP RIGHTS OR BENEFICIAL INTERESTS OF ANY KIND IN THE ASSETS OF THE CORPORATION. NON-VOTING MEMBER - NON-VOTING MEMBERSHIP DESIGNATIONS AND CLASSIFICATIONS MAY BE DEVELOPED BY THE BOARD OF DIRECTORS IN RECOGNITION OF DONATIONS OR OTHER CONTRIBUTIONS MADE BY INDIVIDUALS AND CORPORATIONS IN SUPPORT OF THE CHARITABLE PURPOSES OF THE CORPORATION. SUCH MEMBERSHIP DESIGNATIONS AND CLASSIFICATIONS ARE NOT INTENDED TO AND SHALL NOT GRANT SUCH INDIVIDUALS OR CORPORATIONS THE STATUS OF VOTING MEMBERS UNDER THE ACT. ALL VOTING RIGHTS SHALL BE VESTED IN THE BOARD OF DIRECTORS OF THE CORPORATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE MEMBER, BEAVER CREEK RESORT COMPANY OF COLORADO MAY APPOINT AND ELECT TWO BOARD MEMBERS OF THE FOUNDATION'S BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 7B
THE BOARD OF DIRECTOR'S POWERS ARE SUBJECT TO APPROVAL BY THE MEMBER.
FORM 990, PART VI, SECTION A, LINE 8B
THERE ARE NO COMMITTEES WITH THE AUTHORITY TO ACT ON BEHALF OF THE GOVERNING BODY.
FORM 990, PART VI, SECTION B, LINE 11
A COPY OF THE FORM 990 IS REVIEWED BY THE CHIEF FINANCIAL OFFICER AND THE CONTROLLER OF VAIL VALLEY FOUNDATION, A RELATED ORGANIZATION, BEFORE FILING.
FORM 990, PART VI, SECTION B, LINE 15
THE TOP MANAGEMENT OFFICIAL, TOP FINANCIAL OFFICIAL, OTHER OFFICERS, AND KEY EMPLOYEES ARE COMPENSATED BY VAIL VALLEY FOUNDATION, A RELATED ORGANIZATION, THAT HAS A COMPENSATION COMMITTEE COMPOSED OF BOARD MEMBERS THAT MEETS AT THE END OF EACH YEAR. PRIOR TO THE MEETING, THE CFO PROVIDES THE COMMITTEE WITH A PACKAGE SUMMARIZING COMPENSATION INFORMATION, WHICH CONTAINS COMPARABLE COMPENSATION DATA FOR THES POSITIONS. AT THE MEETING THEY DETERMINE IF THEY WILL APPROVE ANY COMPENSATION ADJUSTMENT FOR THE CEO, OTHER OFFICERS, AND KEY EMPLOYEES FOR THE UPCOMING YEAR.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS AND FINANCIAL STATEMENT INFORMATION AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990 OTHER INFORMATION:
EFFECTIVE OCTOBER 1, 2010 THE VILAR CENTER FOR THE ARTS FOUNDATION (VCAF) ENTERED INTO A "FACILITY LEASE AND OPERATING AGREEMENT" WITH VAIL VALLEY FOUNDATION (VVF), A RELATED EXEMPT ORGANIZATION, WHICH TRANSFERRED THE RIGHT TO OPERATE THE VILAR CENTER PERFORMING ARTS FACILITY (THE THEATER) TO VVF. ALL ACTIVITY OF THE THEATER IS REPORTED AS A PROGRAM ACTIVITY OF VVF ON THEIR FISCAL YEAR ENDING SEPTEMBER 30, 2014 FORM 990. PER THE AGREEMENT, VCAF RETAINS OWNERSHIP OF THE THEATER, BUT WILL RENT THE FACILITY TO VVF FOR THEIR PROGRAM OPERATIONS. VVF WILL HAVE FULL USE OF VCAF'S FIXED ASSETS, BUT UPON TERMINATION OR EXPIRATION OF THE AGREEMENT VVF IS REQUIRED TO RETURN TO VCAF ALL SUCH FURNITURE, FIXTURES, EQUIPMENT, AND OTHER INTANGIBLE ASSETS THEN IN POSSESSION OF VVF.
AMENDMENTS TO FORM 990:
DURING THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, THE ORGANIZATION UNDERWENT RESTRUCTURING OF TOP MANAGEMENT OFFICIALS. DURING THIS TIME, THE NEW MANAGEMENT MEMBERS DISCOVERED AN ERROR IN THE RECORDING OF ACTIVITIES ON THE FISCAL YEAR ENDING SEPTEMBER 30, 2011 TAX RETURN. IT WAS DISCOVERED THAT A PLEDGED CONTRIBUTION INTENDED FOR VILAR WAS INADVERTENTLY BOOKED ON A RELATED TAX-EXEMPT ORGANIZATION'S FINANCIAL STATEMENTS. THE PLEDGED CONTRIBUTION WAS FOR FIVE YEARS, ENDING DECEMBER 31, 2015. AS SOON AS THE ERROR WAS DISCOVERED, VILAR BEGAN THE PROCESS OF AMENDING TAX RETURNS FOR BOTH VILAR AND THE RELATED TAX-EXEMPT ENTITY TO CORRECT THE REPORTING. TAX RETURNS FOR FISCAL YEARS ENDING SEPTEMBER 30, 2011 THROUGH SEPTEMBER 30, 2014 ARE BEING AMENDED. THE FOLLOWING PARTS AND SCHEDULES OF THE ORIGINALLY FILED 2013 FORM 990 WERE AMENDED AS FOLLOWS: FORM 990, PART I, PRIOR YEAR COLUMN - UPDATED PRIOR YEAR AMOUNTS BASED ON CHANGES MADE TO THE AMENDED RETURN FOR THE PERIOD ENDING SEPTEMBER 30, 2013. FORM 990, PART I, LINE 8 - CHANGED THE TOTAL CONTRIBUTIONS AND GRANTS AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 10 - CHANGED THE TOTAL INVESTMENT INCOME AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 12 - CHANGED THE TOTAL REVENUE BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 13 - CHANGED TOTAL AMOUNT OF GRANTS AND SIMILAR AMOUNTS PAID BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 19 - CHANGED TOTAL AMOUNT REPORTED AS REVENUE LESS EXPENSES BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 20 - CHANGED THE TOTAL ASSETS AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART I, LINE 22 - CHANGED THE TOTAL NET ASSETS OR FUND BALANCE AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART III, LINE 4A - CHANGED THE AMOUNT OF EXPENSES AND GRANTS REPORTED FOR PROGRAM SERVICES ACCOMPLISHMENTS BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART VIII, LINE 1E - CHANGED THE AMOUNT OF CONTRIBUTIONS FROM GOVERNMENT ENTITIES TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART VIII, LINE 3 - CHANGED THE AMOUNT OF INVESTMENT INCOME TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART VIII, LINE 12, COLUMN A - CHANGED THE TOTAL REVENUE AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART IX, LINE 1 - CHANGED AMOUNT REPORTED AS GRANTS AND OTHER ASSISTANCE TO GOVERNMENTS AND ORGANIZATIONS IN THE U.S. TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART X, COLUMN A - UPDATED BEGINNING BALANCES BASED ON CHANGES TO THE AMENDED RETURN FOR THE PERIOD ENDING SEPTEMBER 30, 2013. FORM 990, PART X, LINE 2 - CHANGED AMOUNT OF SAVINGS AND TEMPORARY CASH INVESTMENTS TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART X, LINE 3 - CHANGED THE TOTAL PLEDGES AND GRANTS RECEVIABLE AMOUNT TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART X, LINE 16 - CHANGED THE TOTAL ASSETS AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART X, LINE 28 - CHANGED THE TOTAL TEMPORARILY RESTRICTED NET ASSETS AMOUNT TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART X, LINE 33 - CHANGED THE TOTAL NET ASSETS/FUND BALANCE AMOUNT TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. FORM 990, PART X, LINE 34 - CHANGED THE TOTAL LIABILITIES AND NET ASSETS/FUND BALANCE AMOUNT BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART XI, LINE 1 - CHANGED THE TOTAL REVENUE AMOUNT BASED ON CHANGES MADE TO AMENDED RETURN. FORM 990, PART XI, LINE 2 - UPDATED THE TOTAL EXPENSES BASED ON CHANGES MADE TO AMENDED RETURN. FORM 990, PART XI, LINE 3 - UPDATED THE REVENUE LESS EXPENSES LINE FOR CHANGES MADE TO AMENDED RETURN. FORM 990, PART XI, LINE 4 - UPDATED THE NET ASSETS OR FUND BALANCE AT THE BEGINNING OF YEAR BASED ON CHANGES MADE TO THE AMENDED RETURN. FORM 990, PART XI, LINE 10 - CHANGED THE TOTAL NET ASSETS OF FUND BALANCES AT END OF YEAR AMOUNT BASED ON CHANGES MADE TO AMENDED RETURN. SCHEDULE A, PART II, SECTION A, LINE 1, COLUMNS (B) - (E) - UDPATED THE AMOUNTS FOR GIFTS, GRANTS, AND CONTRIBUTIONS BASED ON CHANGES TO THE AMENDED RETURNS. SCHEDULE A, PART II, SECTION A, LINE 5, COLUMNS (B) - (E) - ADJUSTED THE AMOUNT FOR THE TOTAL PORTION OF 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) TO PROPERLY REFLECT ACTIVITY BASED ON UPDATED FINANCIAL INFORMATION. SCHEDULE A, PART II, SECTION B, LINE 8, COLUMNS (B) - (E) - UDPATED THE GROSS INCOME FROM INTEREST, DIVIDENDS, RENTS, ROYALTIES AND INCOME FROM SIMILAR SOURCES BASED ON CHANGES TO THE AMENDED RETURNS. SCHEDULE A, PART II, SECTION C, LINE 14 - CHANGED THE PUBLIC SUPPORT PERCENTAGE FOR 2013 BASED ON CHANGES MADE TO THE AMENDED RETURN. SCHEDULE A, PART II, SECTION C, LINE 15 - CHANGED THE PUBLIC SUPPORT PERCENTAGE FOR 2012 BASED ON CHANGES MADE TO THE AMENDED RETURN. SCHEDULE B, PART I - ADDED A CONTRIBUTOR TO THE SCHEDULE B LISTING BASED ON CHANGES MADE TO THE AMENDED RETURN. SCHEDULE I, PART II, LINE 1 - CHANGED THE AMOUNT REPORTED FOR GRANTS/ASSISTANCE BASED ON CHANGES MADE TO THE AMENDED RETURN.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.