Tracy casts a stone....

PACIFICA FOUNDATION INC.

1925 MARTIN LUTHER KING JR WAY

BERKELEY CA  94704

CT FILE NUMBER:   011303 

RE:    SECOND NOTICE : WARNING OF ASSESSMENT OF PENALTIES AND LATE FEES, AND SUSPENSION OR REVOCATION OF REGISTERED STATUS 

On October 7, 2016 the Registry of Charitable Trusts sent a Warning of Impending Tax Assessment to the captioned organization.  To date, only a part of the  response has been received.  Pursuant to that letter, the following required filings are delinquent:

  1. It appears from our review of Form RRF-1 for the fiscal year ending 09/30/2015 that an independent audit was required, pursuant to the provisions of Government Code section 12586.  We further note that it is stated on the Form RRF-1 that no audit was conducted.  Please either provide a copy of the independent audit conducted for the affected year or explain why the organization was exempt from this requirement.

Failure to timely file required reports violates Government Code section 12586 and may result in the suspension or revocation of your registration.  

Unless the above-described report(s) are filed with the Registry of Charitable Trusts within thirty (30) days of the date of this letter, the following will occur:

1.  The California Franchise Tax Board will be notified to disallow the tax exemption of the abovenamed entity.  The Franchise Tax Board may revoke the organization’s tax exempt status at which point the organization will be treated as a taxable corporation (See Revenue and Taxation Code section 23703) and may be subject to the minimum tax penalty.  

2.  Late fees will be imposed by the Registry of Charitable Trusts for each month or partial month for which the report(s) are delinquent.  Directors, trustees, officers and return preparers responsible for failure to timely file these reports are also personally liable for payment of all late fees.

PLEASE NOTE:  Charitable assets cannot be used to pay these avoidable costs.  Accordingly, directors, trustees, officers and return preparers responsible for failure to

timely file the above-described report(s) are personally liable for payment of all penalties, interest and other costs incurred to restore exempt status.

A delinquent organization may not engage in any activity for which registration is required, including solicitation of charitable assets.

If you believe the above-described report(s) were timely filed, they were not received by the Registry and another copy must be filed within thirty (30) days of the date of this letter.  In addition, if the address of the above-named entity differs from that shown above, the current address must be provided to the Registry prior to or at the time the past-due reports are filed.

In order to avoid the above-described actions, please send all delinquent reports to the address set forth above, within thirty (30) days of the date of this letter.

 Thank you for your attention to this correspondence.

 Sincerely,     Registry of Charitable Trusts

 For KAMALA D. HARRIS   Attorney General