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ObjectId: 202401369349306415 - Submission: 2024-05-15
TIN: 13-1693134
SCHEDULE D
(Form 990)
Department of the Treasury
Internal Revenue Service
Supplemental Financial Statements
Complete if the organization answered "Yes," on Form 990,
Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b.
Attach to Form 990.
Go to
www.irs.gov/Form990
for instructions and the latest information.
OMB No. 1545-0047
20
22
Open to Public Inspection
Name of the organization
NEW YORK BOTANICAL GARDEN
Employer identification number
13-1693134
Part I
Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts.
Complete if the organization answered "Yes" on Form 990, Part IV, line 6.
(a)
Donor advised funds
(b)
Funds and other accounts
1
Total number at end of year
.........
2
Aggregate value of contributions to (during year)
3
Aggregate value of grants from (during year)
4
Aggregate value at end of year
........
5
Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization’s property, subject to the organization’s exclusive legal control?
............
Yes
No
6
Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit?
...................................
Yes
No
Part II
Conservation Easements.
Complete if the organization answered "Yes" on Form 990, Part IV, line 7.
1
Purpose(s) of conservation easements held by the organization (check all that apply).
Preservation of land for public use (e.g., recreation or education)
Preservation of an historically important land area
Protection of natural habitat
Preservation of a certified historic structure
Preservation of open space
2
Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year.
Held at the End of the Year
a
Total number of conservation easements
......................
2a
b
Total acreage restricted by conservation easements
....................
2b
c
Number of conservation easements on a certified historic structure included in (a)
.....
2c
d
Number of conservation easements included in (c) acquired after July 25, 2006, and not on a historic structure listed in the National Register
...
2d
3
Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the
tax year
4
Number of states where property subject to conservation easement is located
5
Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds?
............
Yes
No
6
Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year
7
Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year
$
8
Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)?
.............................
Yes
No
9
In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement, and
balance sheet, and include, if applicable, the text of the footnote to the organization’s financial statements that describes
the organization’s accounting for conservation easements.
Part III
Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets.
Complete if the organization answered "Yes" on Form 990, Part IV, line 8.
1a
If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Part XIII, the text of the footnote to its financial statements that describes these items.
b
If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items:
(i)
Revenue included on Form 990, Part VIII, line 1
.........................
$
(ii)
Assets included in Form 990, Part X
...............................
$
2
If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the
following amounts required to be reported under FASB ASC 958 relating to these items:
a
Revenue included on Form 990, Part VIII, line 1
..........................
$
b
Assets included in Form 990, Part X
...............................
$
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 52283D
Schedule D (Form 990) 2022
Page 2
Schedule D (Form 990) 2022
Page
2
Part III
Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets
(continued)
3
Using the organization’s acquisition, accession, and other records, check any of the following that are a significant use of its collection items (check all that apply):
a
Public exhibition
d
Loan or exchange programs
b
Scholarly research
e
Other
c
Preservation for future generations
4
Provide a description of the organization’s collections and explain how they further the organization’s exempt purpose in
Part XIII.
5
During the year, did the organization solicit or receive donations of art, historical treasures or other similar
assets to be sold to raise funds rather than to be maintained as part of the organization’s collection?
...
Yes
No
Part IV
Escrow and Custodial Arrangements.
Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21.
1a
Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not
included on Form 990, Part X?
....................................
Yes
No
b
If "Yes," explain the arrangement in Part XIII and complete the following table:
Amount
c
Beginning balance
.............................
1c
d
Additions during the year
............................
1d
e
Distributions during the year
..........................
1e
f
Ending balance
................................
1f
2a
Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability?
...
Yes
No
b
If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided in Part XIII
....
Part V
Endowment Funds.
Complete if the organization answered "Yes" on Form 990, Part IV, line 10.
(a)
Current year
(b)
Prior year
(c)
Two years back
(d)
Three years back
(e)
Four years back
1a
Beginning of year balance
....
387,996,808
440,106,301
354,631,393
369,185,692
352,848,019
b
Contributions
...
1,086,118
6,442,037
4,736,592
1,098,000
6,401,510
c
Net investment earnings, gains, and losses
31,569,313
-39,044,832
104,099,543
5,880,782
27,401,259
d
Grants or scholarships
...
867,335
869,434
922,117
686,399
1,002,886
e
Other expenditures for facilities
and programs
...
15,774,312
19,506,698
22,439,110
20,846,682
16,462,210
f
Administrative expenses
....
g
End of year balance
......
404,010,592
387,127,374
440,106,301
354,631,393
369,185,692
2
Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as:
a
Board designated or quasi-endowment
29.750 %
b
Permanent endowment
50.660 %
c
Term endowment
19.590 %
The percentages on lines 2a, 2b, and 2c should equal 100%.
3a
Are there endowment funds not in the possession of the organization that are held and administered for the
organization by:
Yes
No
(i)
Unrelated organizations
.................
3a(i)
No
(ii)
Related organizations
.................
3a(ii)
No
b
If "Yes" on 3a(ii), are the related organizations listed as required on Schedule R?
.........
3b
4
Describe in Part XIII the intended uses of the organization's endowment funds.
Part VI
Land, Buildings, and Equipment.
Complete if the organization answered "Yes" on Form 990, Part IV, line 11a. See Form 990, Part X, line 10.
Description of property
(a)
Cost or other basis
(investment)
(b)
Cost or other basis (other)
(c)
Accumulated depreciation
(d)
Book value
1a
Land
.....
9,053,130
9,053,130
b
Buildings
....
281,618,806
146,317,249
135,301,557
c
Leasehold improvements
d
Equipment
....
27,335,560
23,696,517
3,639,043
e
Other
.....
85,530,218
48,680,823
36,849,395
Total.
Add lines 1a through 1e.
(Column (d) must equal Form 990, Part X, column (B), line 10(c).)
..
184,843,125
Schedule D (Form 990) 2022
Page 3
Schedule D (Form 990) 2022
Page
3
Part VII
Investments - Other Securities.
Complete if the organization answered "Yes" on Form 990, Part IV, line 11b.
See Form 990, Part X, line 12.
(a)
Description of security or category
(including name of security)
(b)
Book value
(c)
Method of valuation:
Cost or end-of-year market value
(1)
Financial derivatives
.........
(2)
Closely-held equity interests
........
(3)
Other
(A)
ALTERNATIVE INVESTMENT AND REAL ESTATE
311,467,364
F
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Total.
(Column (b) must equal Form 990, Part X, col. (B) line 12.)
311,467,364
Part VIII
Investments - Program Related.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 11c.
See Form 990, Part X, line 13.
(a)
Description of investment
(b)
Book value
(c)
Method of valuation:
Cost or end-of-year market value
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Total.
(Column (b) must equal Form 990, Part X, col.(B) line 13.)
Part IX
Other Assets.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 11d.
See Form 990, Part X, line 15.
(a)
Description
(b)
Book value
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Total.
(Column (b) must equal Form 990, Part X, col.(B) line 15.)
...........
Part X
Other Liabilities.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 11e or 11f.
See Form 990, Part X, line 25.
1.
(a)
Description of liability
(b)
Book value
(1)
Federal income taxes
ACCRUED VACATION LIABILITY
2,014,905
CONDITIONAL ASSET RETIREMENT OBLIGATION
3,169,611
INTEREST RATE SWAP VALUATION LIABILITY
1,967,462
CAPITAL LEASE OBLIGATIONS
386,095
Total.
(Column (b) must equal Form 990, Part X, col.(B) line 25.)
7,538,073
2.
Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FIN 48 (ASC 740). Check here if the text of the footnote has been provided in Part XIII
Schedule D (Form 990) 2022
Page 4
Schedule D (Form 990) 2022
Page
4
Part XI
Reconciliation of Revenue per Audited Financial Statements With Revenue per Return.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a.
1
Total revenue, gains, and other support per audited financial statements
.......
1
2
Amounts included on line 1 but not on Form 990, Part VIII, line 12:
a
Net unrealized gains (losses) on investments
....
2a
b
Donated services and use of facilities
.........
2b
c
Recoveries of prior year grants
...........
2c
d
Other (Describe in Part XIII.)
...........
2d
e
Add lines
2a
through
2d
.....................
2e
3
Subtract line
2e
from line
1
..................
3
4
Amounts included on Form 990, Part VIII, line 12, but not on line
1
:
a
Investment expenses not included on Form 990, Part VIII, line 7b
.
4a
b
Other (Describe in Part XIII.)
...........
4b
c
Add lines
4a
and
4b
....................
4c
5
Total revenue. Add lines
3
and
4c.
(This must equal Form 990, Part I, line 12.)
......
5
Part XII
Reconciliation of Expenses per Audited Financial Statements With Expenses per Return.
Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a.
1
Total expenses and losses per audited financial statements
...........
1
2
Amounts included on line 1 but not on Form 990, Part IX, line 25:
a
Donated services and use of facilities
.........
2a
b
Prior year adjustments
............
2b
c
Other losses
................
2c
d
Other (Describe in Part XIII.)
...........
2d
e
Add lines
2a
through
2d
....................
2e
3
Subtract line
2e
from line
1
...................
3
4
Amounts included on Form 990, Part IX, line 25, but not on line
1:
a
Investment expenses not included on Form 990, Part VIII, line 7b
..
4a
b
Other (Describe in Part XIII.)
...........
4b
c
Add lines
4a
and
4b
.....................
4c
5
Total expenses. Add lines
3
and
4c.
(This must equal Form 990, Part I, line 18.)
......
5
Part XIII
Supplemental Information
Provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part lV, lines 1b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information.
Return Reference
Explanation
PART III, LINE 4:
COLLECTIONS AND RELATION TO EXEMPT PURPOSE: THE GARDEN'S COLLECTIONS INCLUDE LIVING PLANTS, HERBARIUM SPECIMENS, ART OBJECTS, BOOKS, PRINTS, AND EPHEMERA. THE GARDEN HAS NOT CAPITALIZED THE COLLECTIONS. THE GARDEN'S COLLECTIONS ARE MAINTAINED FOR PUBLIC EXHIBITION, EDUCATION, AND RESEARCH IN FURTHERANCE OF PUBLIC SERVICE RATHER THAN FOR FINANCIAL GAIN. COLLECTIONS ARE THE MOST VALUABLE ASSETS OF THE GARDEN AND ARE PROTECTED, KEPT UNENCUMBERED, CARED FOR, AND PRESERVED. GARDEN POLICY REQUIRES THAT PROCEEDS FROM DEACCESSIONING WILL BE USED TO EITHER ACQUIRE OTHER ITEMS OR TO PROVIDE DIRECT CARE TO EXISTING COLLECTIONS.
PART V, LINE 4:
THE GARDEN HAS ADOPTED INVESTMENT AND SPENDING POLICIES FOR ENDOWMENT ASSETS TO PROVIDE LONGTERM CAPITAL APPRECIATION TO SUPPLY FUNDS FOR THE SPECIFIED PURPOSES FOR WHICH THE ORIGINAL ENDOWED GIFTS WERE GIVEN. THE TIME HORIZON FOR THE ENDOWMENT IS PERPETUITY. THE INVESTMENT ASSETS OF THE GARDEN ARE FULLY OUTSOURCED ON A DISCRETIONARY BASIS TO AN EXTERNAL PROFESSIONAL INVESTMENT MANAGEMENT FIRM. THE INVESTMENT COMMITTEE OF THE BOARD OF TRUSTEES HAS RESPONSIBILITY FOR SETTING THE GARDEN'S INVESTMENT POLICY STATEMENT.
PART X, LINE 2:
TAX STATUS: THE GARDEN IS A SECTION 501(C)(3) CHARITABLE ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXES UNDER SECTION 501(A) OF THE US INTERNAL REVENUE CODE (IRC). IT HAS BEEN CLASSIFIED AS A PUBLICLY SUPPORTED CHARITABLE ORGANIZATION UNDER SECTION 509 (A)(1) AND QUALIFIES FOR THE MAXIMUM CHARITABLE CONTRIBUTION DEDUCTION BY DONORS. IN ADDITION, THE STATE AND THE CITY OF NEW YORK (THE "CITY") HAVE CLASSIFIED THE GARDEN AS NONPROFIT IN CHARACTER, AND AS SUCH, THE GARDEN IS EXEMPT FROM PAYMENT OF INCOME TAXES TO THE STATE AND THE CITY. FASB ASC 740-10-05-6, ACCOUNTING FOR UNCERTAINTY IN INCOME TAXES, PRESCRIBES THE MINIMUM RECOGNITION THRESHOLD A TAX POSITION MUST MEET IN CONNECTION WITH ACCOUNTING FOR UNCERTAINTIES IN INCOME TAX POSITIONS TAKEN OR EXPECTED TO BE TAKEN BY AN ENTITY BEFORE BEING MEASURED AND RECOGNIZED IN THE FINANCIAL STATEMENTS. THE GARDEN HAS REPORTED NO POTENTIAL LIABILITIES FOR UNCERTAIN TAX POSITIONS AT JUNE 30, 2023 AND 2022. ON DECEMBER 22, 2017, THE TAX CUTS AND JOBS ACT OF 2017 (THE "ACT") WAS SIGNED INTO LEGISLATION. THE ACT INCLUDES NUMEROUS CHANGES IN TAX LAW RELATED TO TAX-EXEMPT ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO, A 21% EXCISE TAX ASSESSED AGAINST EXECUTIVE COMPENSATION OF COVERED INDIVIDUALS, UNRELATED BUSINESS INCOME TAXES ON QUALIFIED TRANSPORTATION FRINGE BENEFITS, AND A REDUCTION IN THE FEDERAL INCOME TAX RATE FOR CORPORATIONS FROM 35% TO 21%, WHICH TOOK EFFECT FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY 1, 2018. THE GARDEN RECORDED A DEFERRED TAX ASSET (DTA) BECAUSE IT WAS DETERMINED THAT THE DTA WILL BE FULLY UTILIZED PRIOR TO THE EXPIRATION OF ITS NET OPERATING LOSSES. THESE PROVISIONS WERE CONSIDERED, AND NONE WERE IDENTIFIED THAT WOULD AFFECT THE TAX-EXEMPT STATUS OF THE GARDEN AS OF JUNE 30, 2023.
Schedule D (Form 990) 2022
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