Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
THE PUBLIC BROADCASTING COUNCIL OF CNYINC |
160876277 | 7 | Yes | 0 | 0 | |
|
Total 1
|
0 | 0 | ||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | ||||||
| 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. | ||||||
Calendar year
(or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (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 VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10 | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (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.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (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 VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
||
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
||
| 9 Distributable amount for 2018 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2018 |
(iii) Distributable Amount for 2018 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2018 from Section C, line 6 |
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|
2
Underdistributions, if any, for years prior to 2018 (reasonable cause required-- explain in Part VI). See instructions. |
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| 3 Excess distributions carryover, if any, to 2018: | ||||
| a From 2013....... | ||||
| b From 2014....... | ||||
| c From 2015....... | ||||
| d From 2016....... | ||||
| e From 2017....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2018 distributable amount | ||||
|
i
Carryover from 2013 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2018 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2018 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2018, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
6
Remaining underdistributions for 2018. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
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|
7 Excess distributions carryover to 2019. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2014...... | ||||
| b Excess from 2015..... | ||||
| c Excess from 2016..... | ||||
| d Excess from 2017..... | ||||
| e Excess from 2018..... | ||||
| Facts And Circumstances Test |
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| Return Reference | Explanation |
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| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| FORM 990, PART VI, SECTION A, LINE 2 | JEFFEREY B. SCHEER IS THE WCNY FOUNDATION'S CORPORATE ATTORNEY AS WELL AS CHAIR OF THE BOARD. |
| FORM 990, PART VI, SECTION A, LINE 7A | THE BOARD OF THE PUBLIC BROADCASTING COUNCIL OF CENTRAL NEW YORK, INC MAY ELECT THE WCNY FOUNDATION, INC.'S BOARD MEMBERS AFTER THE INITIAL TERM. |
| FORM 990, PART VI, SECTION B, LINE 11B | A COPY OF THE FORM 990 WAS PROVIDED TO THE ENTIRE BOARD BEFORE IT WAS FILED TO CHECK FOR COMPLETENESS AND ACCURACY. |
| FORM 990, PART VI, SECTION B, LINE 12C | THE CFO OF THE PUBLIC BROADCASTING COUNCIL OF CENTRAL NEW YORK, INC. MONITORS THE POLICY AND MAKES SURE IT IS COMPLIED WITH. |
| FORM 990, PART VI, SECTION C, LINE 19 | FINANCIAL STATEMENTS AND ALL OTHER DOCUMENTS ARE AVAILABLE UPON REQUEST. |
| PART X LINE 23 | THE FOUNDATION COMPLETED THE CONSTRUCTION OF A NEW 56,000 SQUARE FOOT TELEVISION AND RADIO BROADCASTING FACILITY. IN ORDER TO FACILITATE THE CONSTRUCTION OF THE FACILITY, ON JULY 26, 2011, WCNY AND THE FOUNDATION CLOSED ON A NEW MARKET TAX CREDIT TRANSACTION. THE NMTC PROGRAM PERMITS TAXPAYERS, WHO HAVE MADE QUALIFIED EQUITY INVESTMENTS IN DESIGNATED COMMUNITY DEVELOPMENT ENTITIES (CDE'S), TO RECEIVE CREDIT AGAINST THEIR FEDERAL INCOME TAXES. THE CREDIT WAS CLAIMED OVER A SEVEN-YEAR CREDIT ALLOWANCE PERIOD. WCNY RECEIVED FUNDS FROM DIFFERENT SOURCES, COMPRISED OF GRANT PROCEEDS ($10,700,000) AND LOANS FROM A FINANCIAL INSTITUTION ($4,000,000) TOTALING APPROXIMATELY $14,700,000. WCNY AGGREGATED ALL SUCH FUNDS TO MAKE A LEVERAGED LOAN TO A SPECIAL PURPOSE INVESTMENT FUND OWNED SUBSTANTIALLY BY AN AFFILIATE OF THE RELATED FINANCIAL INSTITUTION. THE SPECIAL PURPOSE INVESTMENT FUND USED THE PROCEEDS OF THE LEVERAGE LOAN, TOGETHER WITH EQUITY CONTRIBUTED BY THE RELATED FINANCIAL INSTITUTION TO MAKE "QUALIFIED EQUITY INVESTMENTS" (QEI) IN QUALIFIED CDE'S. THE CDE'S USED SUBSTANTIALLY ALL OF EACH QEI TO MAKE "QUALIFIED LOW-INCOME COMMUNITY INVESTMENTS" (QLICI LOAN) ON FAVORABLE TERMS TO THE FOUNDATION AS A "QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS" (QALICB). THE NMTC TRANSACTION UTILIZED FOUR PROMISSORY NOTES TO THE FOUNDATION TOTALING $20,428,080, COLLATERALIZED BY THE RELATED ASSETS. THE FOUNDATION USED THESE PROCEEDS TO OVERSEE THE DESIGN AND FACILITATE THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF THE NEW FACILITY. AS PART OF THE NMTC TRANSACTION, WCNY (LEVERAGED LENDER) AND CHASE NMTC WCNY INVESTMENT FUND, LLC (BORROWER) (INVESTMENT FUND) ALSO ENTERED INTO A LOAN AGREEMENT AND PROMISSORY NOTE ON JULY 26, 2011, IN THE AMOUNT OF $14,696,861. INTEREST ONLY PAYMENTS TO WCNY WERE PAYABLE AT 0.50% THROUGH DECEMBER 1, 2018. BEGINNING ON DECEMBER 1, 2018, INSTALLMENTS INCLUDING PRINCIPAL AND INTEREST OF $152,160 WERE DUE QUARTERLY COMMENCING ON MARCH 1, 2019 THROUGH SEPTEMBER 1, 2044. BUILT WITHIN THE AGREEMENTS WERE PUT AND CALL OPTIONS FOR WCNY TO ACQUIRE 100% OF THE SPECIAL PURPOSE INVESTMENT FUND AT A PURCHASE PRICE IN THE AMOUNT OF $1,000, AND ANY TRANSFER TAXES OR OTHER CLOSING COSTS PAID OR PAYABLE BY THE SPECIAL PURPOSE INVESTMENT FUND ATTRIBUTABLE TO THE EXERCISE OF THE PUT OPTION AND/OR SALE OF THE SPECIAL PURPOSE INVESTMENT FUND INTEREST AND ANY AMOUNTS THEN DUE AND OWING FROM THE COUNCIL TO THE SPECIAL PURPOSE INVESTMENT FUND. THE NMTC STRUCTURE REMAINED IN EFFECT FOR A PERIOD OF 7 YEARS UNTIL JULY 26, 2018 WHEN THE NEW MARKET TAX CREDIT PERIOD EXPIRED. AT THAT TIME, WCNY PURCHASED FOR $1,000 THE 99.99% MEMBERSHIP INTEREST OF CHASE COMMUNITY EQUITY LLC IN THE INVESTMENT FUND AND CONCURRENTLY COMMUNITY DEVELOPMENT PROPERTIES NEW MARKETS MM, INC. RESIGNED AS A .01% MEMBER OF THE INVESTMENT FUND PURSUANT TO THAT CERTAIN FUND INTEREST PURCHASE AGREEMENT AND ASSIGNMENT AND ASSUMPTION AGREEMENTS EACH DATED AS OF JULY 27, 2018, LEAVING WCNY AS THE SOLE MEMBER OF THE INVESTMENT FUND. PURSUANT TO THAT CERTAIN REDEMPTION AND ASSIGNMENT AGREEMENT DATED AS OF JULY 27, 2018, NDC NEW MARKETS INVESTMENTS LXII, LLC (NDC) REDEEMED THE 99.99% MEMBERSHIP INTEREST OF THE INVESTMENT FUND IN CONSIDERATION OF A CASH PAYMENT AND THE ASSIGNMENT OF CERTAIN ASSETS OF NDC (PROMISSORY NOTES DUE FROM THE FOUNDATION), SPECIFICALLY (I) PROMISSORY NOTE A AND (II) PROMISSORY NOTE B. PURSUANT TO A SECOND REDEMPTION AND ASSIGNMENT AGREEMENT DATED AS OF JULY 27, 2018, ENHANCED CAPITAL NEW MARKET DEVELOPMENT FUND IX, LLC (ENHANCED) REDEEMED THE 99.99% MEMBERSHIP INTEREST OF THE INVESTMENT FUND IN CONSIDERATION OF A CASH PAYMENT AND THE ASSIGNMENT OF CERTAIN ASSETS OF ENHANCED (PROMISSORY NOTES DUE FROM THE FOUNDATION), SPECIFICALLY (I) PROMISSORY NOTE A AND (II) PROMISSORY NOTE B. INCLUDED WITHIN ASSETS LIMITED AS TO USE, THE COUNCIL HAS NEW MARKET TAX CREDIT RESERVE ACCOUNTS TO BE USED FOR PAYING INTEREST AND FEES DUE AND PAYABLE TO THE CDES PURSUANT TO THE RESPECTIVE AGREEMENTS. THE RESERVE ESCROW BALANCE WAS APPROXIMATELY $229,000 AT JUNE 30, 2018 AND WAS USED IN THE NMTC UNWIND TRANSACTION DURING FISCAL YEAR 2019. CERTAIN TRANSACTIONS HAVE BEEN DESCRIBED IN THE EXIT TRANSFERS MEMORANDUM DATED AS OF JULY 27, 2018. THESE TRANSACTIONS EFFECTUATED THE PAYMENT OF FEES TO NDC AND ENHANCED, PAYMENT OF DEBT SERVICE ON THE $14,696,861 LOAN FROM WCNY TO THE INVESTMENT FUND (THE "LEVERAGE LOAN") AND DISTRIBUTION OF REMAINING FUNDS OF THE INVESTMENT FUND TO WCNY AS THE SOLE MEMBER OF INVESTMENT FUND. IN CONNECTION WITH THE EXIT OF THE NMTC TRANSACTION, THE COUNCIL'S RESERVE FUNDS WERE UTILIZED AND THE COUNCIL PAID APPROXIMATELY $46,000, NET OF INVESTMENT FUND DISTRIBUTIONS. AS A RESULT OF THE NMTC CLOSING, THE INVESTMENT FUND WAS DISSOLVED, PROMISSORY NOTES A AND NOTES B TO NDC AND ENHANCED AND THE LEVERAGED LOAN WERE FORGIVEN AND THE FOUNDATION CONTINUES TO EXIST AS A LEGAL ENTITY. AS A RESULT OF THESE TRANSACTIONS, THE FOUNDATION RECOGNIZED A GAIN ON THE SETTLEMENT OF DEBT OF APPROXIMATELY $19,874,000 AND WCNY RECOGNIZED A LOSS ON THE SETTLEMENT OF THE LOAN RECEIVABLE OF APPROXIMATELY $14,717,000. THE NET EFFECT OF THE NMTC CLOSING TRANSACTION FOR THE COUNCIL WAS A GAIN ON SETTLEMENT OF DEBT AND LOAN RECEIVABLE OF APPROXIMATELY $5,157,000 RECOGNIZED IN NON-OPERATING ACTIVITIES IN THE CONSOLIDATED STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED JUNE 30, 2019. |
| FORM 990, PART XI, LINE 9: | SETTLEMENT OF DEBT AND LOAN RECEIVABLE 19,874,257. |
| PART XII LINE 2C | THE FINANCE COMMITTEE VOTES ON THE SELECTION OF THE INDEPENDENT ACCOUNTANT AND ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT. THE PRESIDENT AND CFO BRING INFORMATION AND UPDATES TO THE FINANCE COMMITTEE. THE FINANCE COMMITTEE IS COMPRISED OF THE TREASURER, ASSISTANT TREASURER AND ONE TRUSTEE. THIS PROCESS HAS NOT CHANGED FROM THE PRIOR YEAR. |
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