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Because even putting “as of” a certain date will not protect the lawyer from implication in a criminal act if the purpose of the backdating is actually to defraud or mislead the taxman, any regulatory authority or even any other individual and the lawyer knew or should have known that this was the case.
So as can be seen, the issue of backdating can be a contentious one.
If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.
For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.
For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.
Does he need to check to see whether that was actually the case or can he take an ostrich-like position and put his head in the sand and not ask any questions?
Is there an obligation on the lawyer to make at least reasonable endeavour’s to confirm that he is being told the truth?
The date you are paid tax credits from is usually the date HMRC receive your claim form – this is your date of claim.
However, you can be paid for an earlier period in certain circumstances. The Government is gradually introducing universal credit, a new benefit which will eventually replace tax credits, and some other social security benefits.