Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and 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 | |||||
|
Total |
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Calendar year
(or fiscal year beginning in)
![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | 57,373,863 | 62,651,682 | 76,026,674 | 96,806,543 | 95,442,827 | 388,301,589 |
| 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 | 57,373,863 | 62,651,682 | 76,026,674 | 96,806,543 | 95,442,827 | 388,301,589 |
| 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. | 388,301,589 | |||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 57,373,863 | 62,651,682 | 76,026,674 | 96,806,543 | 95,442,827 | 388,301,589 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | 478,584 | 562,682 | 620,755 | 1,585,849 | 1,630,901 | 4,878,771 |
| 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.).. | 2,598,877 | 928,286 | 550,218 | 2,364,355 | 3,446,805 | 9,888,541 |
| 11 | Total support. Add lines 7 through 10 | 403,068,901 | |||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (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) 2018 | (b) 2019 | (c) 2020 | (d) 2021 | (e) 2022 | (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 on 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) |
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| 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) |
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| 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): |
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| 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 0.015 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 0.035 | 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 | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2022 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2022 |
(iii) Distributable Amount for 2022 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2022 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2022 (reasonable cause required-- explain in Part VI).
See instructions. |
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| 3 Excess distributions carryover, if any, to 2022: | ||||
| a From 2017....... | ||||
| b From 2018....... | ||||
| c From 2019....... | ||||
| d From 2020....... | ||||
| e From 2021....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2022 distributable amount | ||||
|
i
Carryover from 2017 not applied (see instructions) |
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| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2022 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2022 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2022, 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 2022. 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 2023. Add lines 3j and 4c. |
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| 8 Breakdown of line 7: | ||||
| a Excess from 2018..... | ||||
| b Excess from 2019..... | ||||
| c Excess from 2020..... | ||||
| d Excess from 2021..... | ||||
| e Excess from 2022..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| Schedule A, Part II, Line 10 Other Income | DESCRIPTION - HONORARIUM INCOME, COLUMN A - 37602.0, COLUMN B - 73269.0, COLUMN C - 189251.0, COLUMN D - 319617.0, COLUMN E - 160407.0, COLUMN F - 780146.0; DESCRIPTION - COURT AWARDED FEES, COLUMN A - 2531679.0, COLUMN B - 828014.0, COLUMN C - 335261.0, COLUMN D - 2040600.0, COLUMN E - 3277563.0, COLUMN F - 9013117.0; DESCRIPTION - MISCELLANEOUS INCOME, COLUMN A - 29596.0, COLUMN B - 27003.0, COLUMN C - 25706.0, COLUMN D - 4138.0, COLUMN E - 8835.0, COLUMN F - 95278.0; |
| Software ID: | 22016089 |
| Software Version: | 2022v5.0 |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| Form 990, Part III, Line 4d Description of other program services | (Expenses $ 2,469,810 including grants of $ 1,306,109)(Revenue $ 0) GRANTS AND FUNDING: ADF PROVIDES GRANTS FOR LEGAL CASES AND PROJECTS THAT ADVANCE THE GOD-GIVEN RIGHT TO LIVE AND SPEAK THE TRUTH. ADF GRANTS ARE FOCUSED ON ALLIES WORKING ON MATTERS ALIGNED WITH STRATEGIC LEGAL OBJECTIVES DEFINED BY ADF'S U.S. AND INTERNATIONAL ADVOCACY TEAMS. |
| Form 990, Part VI, Line 15 | Yes. The Finance and Audit Committee of the ADF Board of Directors annually reviews and approves the compensation for "disqualified persons" (generally defined as any person in a position to exercise substantial influence over the affairs of a nonprofit organization anytime during the five-year period preceding the date of the compensation transaction - this would include top management officials and key employees of both ADF and the ADF Foundation). Every year management prepares the IRS procedure known as the Rebuttable Presumption of Reasonableness. This procedure shifts the burden of proof regarding unreasonable compensation to the IRS for purposes of intermediate sanctions excise-tax penalties when: (1) the board or authorized committee, free of any conflict with the executive in question, determines the compensation arrangement prior to effectuating the arrangement, (2) the board or committee uses appropriate compensation comparability data in arriving at its decision and (3) the board or committee properly documents its decision in a timely manner. Yes. The review by the Board's Finance and Audit Committee occurs annually before the May Board of Directors meeting, and the Board votes at the May meeting to accept and approve the recommendation of the Committee. This action is recorded in the minutes for the May meeting. |
| Form 990, Part VI, Line 8b Documentation of meetings held by committees of governing body | The organization does not have any committees that have authority to act on behalf of the governing body. Therefore, this line is answered no in accordance with the instructions. |
| Form 990, Part VI, Line 11b Review of form 990 by governing body | The Form 990 is prepared by an independent CPA firm. Upon completion, the organization's Finance Team reviews the Form 990 through the following process: 1) The VP of Finance and accounting team members compare the Form 990 to the annual corporate audit and internal financial reports. 2) The VP of Finance assigns accounting team members to review content, check math totals, and check spelling. 3) A final review of content is completed by the Assistant General Counsel and the Executive Vice President. 4) Following the above, the Form 990 is distributed to: A. President and CEO B. Chairman of the Finance and Audit Committee (FAC) which is responsible for oversight of finance, audit, and tax matters. C. The Chair of the FAC ensures committee members review the Form 990 for material edits and compliance. D. Upon acceptance and approval, the Chairman of the FAC then instructs the VP of Finance to post it on the Board website so the full Board can view the 990. Based on the FAC's recommendation, the Board approves and accepts the 990 at the next regularly scheduled Board meeting. 4) Changes and corrections from the above are addressed at each step. 5) Following the above, the Executive Vice President signs and instructs the Form 990 to be filed with the IRS. 6) Upon filing with the IRS, ADF's Form 990 is available for public inspection and distribution to the state governing bodies, foundations, and other requesting entities. |
| Form 990, Part VI, Line 12c Conflict of interest policy | The conflict of interest policy covers any Director, Principal Officer, Key Employee, or member of a committee with governing board delegating powers, who has a direct or indirect financial interest. The organization also conducts periodic reviews to ensure operations are consistent with its charitable purposes. Directors shall report possible conflicts of interest to the Chairman of the Board of Directors prior to any action on the transaction by the organization. Upon report of a possible conflict, the Board of Directors shall conduct an investigation and determine whether a conflict of interest does exist and whether it is substantial. If the Board determines that a substantial conflict of interest exists, the interested individual shall not vote on the transaction presenting the conflict. The interested individual may vote only if the Board determines that no conflict exists or the conflict is not substantial. No investigation or determination by the Board shall be required if the interested individual voluntarily agrees to refrain from voting on the transaction presenting the potential conflict of interest. The interested individual may be counted in determining the presence of a quorum. The remaining Board or committee members shall decide if a conflict of interest exists. The minutes of the governing Board and all committees with Board delegated powers shall contain: A. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing Board's or Committee's decision as to whether a conflict of interest in fact existed. B. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceeding. |
| Form 990, Part VI, Line 15a Process to establish compensation of top management official | Alliance Defending Freedom maintains a compensation system. CEO compensation is set by the organization's independent Board, and the CEO's compensation is in accordance with the ADF compensation system. Job descriptions are evaluated against independent market sources and compensation data as provided by independent third party resource providers. The compensation committee approves position grades and pay ranges of all other positions. Annually, ADF also prepares compensation data for the Board's Finance and Audit Committee in accordance with the IRS recommended "rebuttable presumption of reasonableness" process to substantiate the compensation of ADF key employees. The FAC reviews and approves key employee compensation once a year. The Compensation Committee (comprised of the VP of Finance, Director of Compensation & Benefits, and HR Manager) reviews benchmark data provided by CompAnalyst, ERI, and other compensation resources to determine the appropriate compensation for all positions in accordance with the ADF compensation philosophy. Discussions, decisions, and approvals are recorded in writing, typically by e-mail. |
| Form 990, Part VI, Line 15b Process to establish compensation of other employees | THE PROCESS FOR ESTABLISHING COMPENSATION FOR OFFICERS IS THE SAME AS IT IS FOR LINE 15A. |
| Form 990, Part VI, Line 19 Required documents available to the public | The organization's audited financial statements and Form 990 are available on its website. Articles of Incorporation and conflict of interest policy are available to the public upon request. |
| Form 990, Part VIII, Line 11d Other Miscellaneous Revenue | Other Income - Total Revenue: 8835, Related or Exempt Function Revenue: , Unrelated Business Revenue: , Revenue Excluded from Tax Under Sections 512, 513, or 514: 8835; |
| Form 990, Part XI, Line 9 Other changes in net assets or fund balances | Gain on foreign currency translation - 290; 15100 Solar net loss as change in investment - -8407; Grant reimbursement - 85000; |
| Software ID: | 22016089 |
| Software Version: | 2022v5.0 |