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Posted by / 09-Apr-2016 19:22

For practical examples of deliberate and concealed inaccuracies, see CH81161.

I am sure that from time to time we have all come across the vexed question of backdating documents.

You must check the date from which these rules apply for the tax or duty you are dealing with. A deliberate and concealed inaccuracy is the most serious level of evasion.

It occurs where a document containing a deliberate inaccuracy is given to HMRC and active steps have been taken to hide the inaccuracy either before or after the document has been sent to us.

Conclusion It can be very tempting just to ‘backdate’ documents, with the intention of making life easier. With a bit of thought and investigation, is it often possible to achieve a result which gets close to the desired result and also lets you sleep at night.

The agreement could specify, amongst other things, that costs and revenue would be apportioned by reference to the historic effective date, with adjusting payments being made accordingly.

This type of arrangement would not bind third parties, but it may be effective from an accounting and tax perspective depending on the length of time which has elapsed since the intended historic effective date.

Even though the transaction may have already happened in substance, it’s important to find out what the other legal consequences may be, so that steps can be taken to mitigate the risks.

These two general areas mean that some legal due diligence should be carried out to identify and address areas for corrective action.

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You will also need to consider two other things from a legal perspective.

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