Some quick dumb questions for a tax problem

[PokeReader]

Did he say why he was advising you not to send in your FBAR, was it because it was late? Is there some other tax issue? Otherwise I don't understand. Many more taxpayers are going to have to send in FBAR's now, and should have been before. If I were you, I would wait and get your tax payment vouchers to send with the checks. I can't see the extra two days, which aren't really full mail days anyway, making any difference in how the IRS treats your FBAR's. If you are up-to-date on your taxes, and are filing you FBAR's as soon as you became aware of them, you have an excellent chance of not having any problem. Can they penalize because you are late, theoretically, but I can't imagine two days making a critical difference. I would also attach a letter from your CPA, preferably, explaining why you were late with you FBAR. But if your payments are non-conforming, you can have an issue with the IRS messing that up. I firmly suggest that you consult you CPA, and then get a different one for next year. But from the initial sound of it, you do not sound like you have criminal FBAR liability at all.

[ginko]

They had never heard of it or something. Then they advised me against it because it could "open a can of worms".

[crashjr]

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They had never heard of it or something. Then they advised me against it because it could "open a can of worms".

[/ QUOTE ]

Get an opinion letter when you get advice like this.

[PokeReader]

Unless you have some other tax problem, i.e. if the account, other accounts were used for evading taxes, this is terrible advice, I believe. It sounds as if they are completely terrified of internet gambling in general, and the higher risk of audits caused by properly filing FBAR's in particular. I firmly suggest you find a CPA who is experienced/comfortable in gambling issues for the future. I would not want to go through an audit after this year with this person, unless there is information that is not being disclosed. I will say that every case is individual, but, CPA's cannot actually legally advise you to not file, or to delay doing so, a tax attorney can under some circumstances, but it is illegal for a CPA to do so, which really makes me question him in general.