DST52000 - Duties and Responsibilities

The responsible member will be responsible for the following DST obligations:

  • Notifying HMRC when the threshold conditions have been met - DST53000
  • Notifying HMRC when details of the responsible member have changed - DST54000
  • Submitting returns and completing the self-assessment - DST55000
  • Ensuring the group keeps accurate records regarding the DST liability - DST56000

The responsible member will consequently be the primary point of correspondence with HMRC in relation to the group’s DST affairs. Any HMRC compliance activity into the group will be channelled through the responsible member, for example:

  • HMRC must issue a notice of enquiry to the responsible member if it wishes to enquire into a DST return
  • Assessments and determinations must be served on the responsible member
  • Requests for information, and formal information notices where appropriate, should be made to the responsible member, at least in the first instance

If the responsible member fails to meet an obligation or the group’s self-assessment is found to be incorrect, the responsible member may be liable to the following:

  • Penalties for failure to comply with any of its obligations
  • Any additional tax following a discovery assessment
  • Penalties for inaccuracies in a submitted return

Many of the group’s rights must also be exercised by the responsible member:

  • Only the responsible member can amend a DST return (within the time limits for amending a return)
  • Appeals against HMRC decisions must be brought by the responsible member
  • Claims for overpayment relief must be made by the responsible member

Where there is a change in the responsible member, the new responsible member takes on the obligations and responsibilities of the previous responsible member.