James Hardie’s litigation victory helps bottom line

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

James Hardie’s litigation victory helps bottom line

jameshardie.jpg

The Australian Taxation Office played a crucial role in the annual results of James Hardie, which were announced this week.

jameshardie.jpg

The building materials company received a $396 million refund from the Australian tax authorities arising from a case that ended in victory for the taxpayer in the High Court in Canberra in February.

Unveiling its results, the company said that the case being finalised in favour of RCI, a subsidiary of James Hardie, meant that an income tax benefit of $485.2 million was recognised in the quarter and full year results.

“The income tax benefit includes amounts refunded by the ATO, the reversal of an accounting provision for the unpaid portion of the amended assessment, partially offset by income taxes payable in respect of the reversal of general interest charges previously recognised as deductible,” the company stated.

James Hardie reported net operating profit excluding asbestos, asset impairments, ASIC expenses and tax adjustments of $32.1 million, when it was $33.3 million the year before. Income tax expense for the year was $453.2 million.

“The loss in the prior year included a non-cash charge of US$345.2 million for corporate income tax expense, penalties and interest following RCI Pty Ltd’s (RCI) September 2010 loss in the Federal Court of Australia appealing against an Australian Taxation Office (ATO) amended assessment relating to fiscal year 1999,” the company said.

The ATO issued a tax assessment against James Hardie for $385 million in 2006 because it decided that the company had breached anti-avoidance rules during an internal restructuring undertaken by RCI. The company’s objections to the assessment were rejected by the ATO and RCI appealed to the Federal Court, which heard the case in 2009. RCI lost there too, and appealed to the Full Federal Court.

The question before the court was whether or not James Hardie should have included a series of transactions involving a number of overseas subsidiaries in the company’s overall restructuring which saw it move its headquarters to the US.

The Full Federal Court decided the company had not avoided tax by including these ancillary transactions. This time, the ATO decided to fight on but the High Court refused its application for special leave to appeal the Full Federal Court’s judgment and so the case ended in victory for RCI.

more across site & shared bottom lb ros

More from across our site

Awards
Submit your nominations to this year's WIBL EMEA Awards by 6 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Recent news of job cuts at EY is symptomatic of how the PwC controversy has tarnished the reputation of the entire ‘big four’
Experts reportedly discussed extending the safe harbour to 2027 to give countries more time to legislate; in other news, Baker McKenzie and Greenberg Traurig made senior tax hires
Gift this article