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

The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article