currently under consideration, which just passed for implementation next year— outlaws retail sales of animals (puppy, kitten, rabbits) that are NOT rescued animals………..or from non profit sources….
Oh sure, you can buy animals if you can find them elsewhere……. and although animals bought from pet stores are not the 97% of animals that end up in shelters or rescues–most pet store animals are, in fact, desirable to consumers. A commercial kennel is NOT an illegal entity. In fact, it is supported by FEDERAL LAW.
Thus the AR next step was to stop the sales of animals in pet retail type environments, although selling the exact same animals which are “rescued” would be legal?
Thus, all the AR fanatics would have to do, is to buy such animals at auction and then bring them to California and sell them as RESCUED. Further, AR crazies can go overseas and to Mexico and bring them in by the truckloads? Airplane loads?
Who in the world would be monitoring these sales by rescues in California??
Guess what, there are few STATE LAWS THAT SPECIFICALLY GOVERN RESCUES THAT SELL ANIMALS—other than the formation and financial reporting. Non profit laws are divided by the type of entity. And a non profit does NOT have to be tax exempt. (Most non profits want to be tax exempt obviously, but if they don’t apply for the federal tax exemption, then they must pay taxes on what they earn.) NOTE: IF you are wondering, do we have experience with such groups and their errant methods, illegal actions, and rip off actions? Answer: You better believe it.
One is not required to have a non profit Federal tax exempt status BUT …Not having the status means one cannot make tax exempt sales for the non profit. Non profits operate everywhere, are usually under- regulated, and although the Attorney General’s office will assign a non profit number, they are not the IRS which regulates the tax exempt portion. See: https://www.irs.gov/charities-non-profits/frequently-asked-questions-about-applying-for-tax-exemption
For example, in southern California, a claimed non profit horse rescue “Tearsong” (Tearsong’s Equine Athletes, Rescue, and Sanctuary (TEARS)– in Ramona, CA, claimed they were tax exempt and kept soliciting donations as such.
Then, come to find out, the owner (Ms. Karina Benish) admitted that their taxes had not been timely filed, and much to their surprise (according to Benish)– they were not even tax exempt after all????
Unless the IRS would agree to just let it go, any monies received while the group is operating as “tax exempt”, should be taxed, when in fact, it was not tax exempt, and since their taxes were late by 2 years, there is normally a fairly large penalty for being late and also not realizing they were not in compliance AFTER TWO YEARS??????
HOW STUPID IS THAT????
Look at this post from this group:
—-> …….. “We are closing because of the current climate of rescue, adoptions, and mentality of folks looking for a horse. We are not insolvent, we are quite able to pay our bills (we know of very few rescues who don’t have a balance sheet for suppliers owed money), we will continue to house and care for all the horses we have until they are either adopted or die.”
—> …. “[E]ven the HINT of impropriety should make folks take a deeper look into any rescue. Do false accusations occur? YES! However, for something to go to a court trial, there has to be SOMETHING to it. Acquittal is always a good thing, but having to go to court in the first place really hints that the rescue isn’t doing everything above board.”
“Animal control gets called all the time on rescues. Folks get mad, don’t understand what is going on with any particular animal, and complaints get made. ANY rescue should WELCOME a chance to show animal control their rescue, books, veterinary records, etc. It is also LEGAL to euthanize a horse by shooting it. It is a specific skill and VERY quick. Quicker than a vet coming out and administering “pink juice.” What isn’t Ok is taking funds in excess for euthanasia to cover the cost when a bullet takes about $2.00 and disposal of the body is around $200.00.”
—-> “Donors are able to REQUIRE an accounting of how their donation is used. You can even stipulate that the donation can ONLY be used for a specific thing. If that “thing” doesn’t cost as much as your donation, the nonprofit is REQUIRED to notify you and tell you. You then get to decide if you want a return of excess funds or to donate it for something else, or go to the general fund.”
“Take the time to understand what you are supporting. REQUIRE truthful accounting of business practices. VISIT the facility if possible. Anyone can request paper copies of tax returns too.”
AND– even worse– this non profit OWNER suggested to a horse owner that was being harassed by animal control, that GASOLINE can be used to kill a horse!!!!
In fact, this non profit owner that really wasn’t a tax exempt “RESCUE” was just trying to get free foals and decently bred horses for herself to put into her “warmblood” group.
She also complained weekly of not having enough volunteers, of not having enough funds to pay the bills, that their hay bill was $9,000+ and unbelievably, she recently claimed that it was paid off by some donor?….. She also routinely complained that a high percentage of her horses were always getting injured. She even posted large pictures of the injuries, all while under HER watch. In fact, this owner wrestled a foal to get her trailered—- so hard, she damaged the poor foal’s neck, and Animal Control investigated her and eventually even got a subpoena for her cell phone??
(a follow up post SHOWS the horrible pics of what damage ended up to horses which were under this woman’s care….see tearsong rescue post from 1/18/18)
Below, the TEARS owner makes a statement that she became involved in a “hoarding” case (it was never a hoarding case..)…notice she claims that “animal control seized all of her animals based on evidence that TEARS provided.
In other words, TEARS admits she was a snitch? TEARS gal then lies and claims none of the horses had ever had a halter on, been handled, and were “feral”……hmmm…….if that was all true, then why would TEARS girl be experienced enough to even take the animals? As it happened, we believe that under TEARS’ care, not only did one young colt DIE, we also believe many were injured later (as she put all the information online for anyone to read?)