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However, Strike adds that, unless the contractor has all of their paperwork in order, there is always the risk that the taxman will take an alternate view.
“If you declare a dividend but forget to prepare a resolution, there’s absolutely nothing wrong with preparing a resolution at a later date.
Strike encourages contractors to plan their financial affairs at the beginning of each tax year to allow them to consider the level of dividends required and the tax liabilities that will arise.Drafting and executing a document after an event occurs, but in a manner that accurately reflects the date on which the event transpired, is a permissible form of backdating.This is backdating that memorializes, something the United States Court of Appeals for the Seventh Circuit has recognized as a legitimate practice.(Jason Mark Anderman illustrates the logistics problem well in this comment to a backdating post on Ken Adams’s blog.) There’s nothing inherently illegal or unethical about backdating contracts, although backdating can certainly be both unethical and illegal, depending on the situation.For those with an hour to kill thinking about the issues, Jeffrey Kwall and Stuart Duhl wrote an excellent article on backdating that was published in Business Lawyer in 2008.
Furthermore, giving the written contract its own date simply reflects the reality of how the contract process unfolded, and it’s always good to have contracts track reality.