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 2026

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

The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The ambitious big four challenger firm has also appointed ex-RSM partner Brad Ashton to build out its customs and global trade practice
The big four firm allegedly reviewed backdated documents and signed off on accounts that removed hundreds of millions of dollars of Abramovich’s assets
New Tier 1 entrants and an expanding cohort of established players indicate that law firms are becoming increasingly credible challengers in Europe's TP market
Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
As global capability centres use AI to deliver services, MNEs face a fresh wave of PE and TP exposure that their existing playbooks weren't built for
The deal for Comtax hands Ryan immediate scale in Brazil, with a near-70-strong team serving clients from São Paulo
The arrivals of Julio Castro and Adam Blakemore mean the firm has added six tax partners to its global practice since the start of 2025
Gift this article