Can You Backdate Agreements

If the document adds something that “should have been done” but was not done, usually for tax or similar reasons, then the position is simple. For example, if a seller sold their home in December, the seller could have benefited from certain tax benefits. However, he does not realize it until January and therefore wishes to return in December. The event did not occur during the period necessary for the performance, so there is an attempt to pretend to have done so. This is a fraud to the tax authorities, a crime, and it is likely that the lawyer who drafted the document will be disciplined by his regulator and perhaps also accused of complicity in conspiracy. For obvious reasons, any request to return a document for these reasons should be categorically rejected. . . .

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