Exhibit 99.1
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company statement |
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22 March 2006
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For media enquiries please contact James Rickards on
Tel: 61 2 8274 5304 or Mob: 0419 731 371. For analyst
enquiries please contact Peter Baker on
Tel: 61 2 8274 5318 or Mob: 0417 443 482. |
JAMES HARDIE RECEIVES
AMENDED TAXATION ASSESSMENT
Further to its statement to the ASX on Monday 20 March 2006, James Hardie today announced it
has now received an amended assessment from the Australian Taxation Office (ATO) in respect of its
calculation of net capital gains arising as a result of a corporate restructure during the 1999
financial year.
The amended assessment is for a total of A$412 million. As foreshadowed in the statement of Monday
20 March 2006, the total comprises primary tax of A$172 million and penalties of A$43 million
(being 25% of primary tax). In addition, it includes general interest charges of A$197 million.
The amount of the general interest charges was not available at the time of the 20 March 2006
statement. The interest is allowable as an income tax deduction in the year in which it is
incurred. The amount payable is due on 26 April 2006.
James Hardie will consider lodging an application for part payment of the amount due under the
amended assessment in accordance with ATO policy.
James Hardie Chief Financial Officer, Russell Chenu, reiterated that, James Hardie strongly
disputes the assessment and will pursue all avenues of objection and appeal to contest the ATOs
position on this matter.
Following legal and tax advice both at the time of the transaction and during ATO enquiries, the
Company believes its tax position will ultimately prevail.
Mr Chenu confirmed statements made to the ASX on Monday 20 March 2006 that James Hardie understood
the ATO has accepted James Hardies submission that it has a reasonably arguable position. James
Hardie has been advised that for the ATO to determine that the Company has a reasonably arguable
position, the ATO must have concluded that, having regard to relevant case law and other
authorities, it is about as likely as not that the Companys position is correct.
Under the law, reasonably arguable position means that the additional penalty of 50% of the tax
that otherwise applies automatically in Part IVA cases will be reduced to 25%, as is the case in
this instance.
Mr Chenu also reiterated that James Hardie expects to have adequate available cash and existing
unutilised debt facilities to meet payment obligations under the amended assessment, as well as the
initial funding payment to the proposed asbestos compensation fund.
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The amended assessment relates to a transaction by a James Hardie subsidiary, RCI Pty Ltd (RCI), as
part of an internal corporate restructure of the James Hardie Group in 19981 ahead of
the proposed initial public offering of 15% of James Hardie NV (JHNV), a European subsidiary of
James Hardie Industries Limited (JHIL), on the NYSE. Ultimately the initial public offering did not
proceed.
At the time, RCI was James Hardies holding company for the Groups non-Australian operations, and
owned all the shares in the US subsidiary which owned the US operations. In October 1998 RCI sold
its shares in the US subsidiary into a new European holding structure headed by JHNV. The ATOs
capital gains tax calculation is based upon the transfer of shares by RCI.
END
Media Enquiries:
James Rickards
Telephone: 61 2 8274 5304
Mobile: 0419 731 371
Email:
[email protected]
Facsimile: 61 2 8274 5218
Analyst Enquiries:
Peter Baker
Executive Vice President, Australia
Telephone: 61 2 8274 5318
Mobile: 0417 443 482
Email:
[email protected]
Facsimile: 61 2 8274 5218
www.jameshardie.com
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The 1998 restructure did not involve the
establishment of the Medical Research and Compensation Foundation (MRCF), or
the subsequent scheme of arrangement which resulted in James Hardie Industries
NV (JHINV) replacing James Hardie Industries Limited (JHIL) as the ASX-listed
parent entity in 2001. |
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Disclaimer
This Company Statement contains forward-looking statements. James Hardie may from time to time
make forward-looking statements in its periodic reports filed with or furnished to the United
States Securities and Exchange Commission on Forms 20-F and 6-K, in the annual reports to
shareholders, in offering circulars and prospectuses, in media releases and other written materials
and in oral statements made by the companys officers, directors or employees to analysts,
institutional investors, representatives of the media and others. Examples of forward-looking
statements include:
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expectations that the conditions precedent to the Final Funding Agreement will be
satisfied; |
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expectations about payments to a special purpose fund for the compensation of proven
asbestos-related personal injury and death claims; |
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projections of our operating results or financial condition; |
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statements regarding our plans, objectives or goals, including those relating to
competition, acquisitions, dispositions and our products; |
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statements about our future performance; and |
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statements about product or environmental liabilities. |
Words such as believe, anticipate, plan, expect, intend, target, estimate, project,
predict, forecast, guideline, should, aim and similar expressions are intended to
identify forward-looking statements but are not the exclusive means of identifying such statements.
Forward-looking statements involve inherent risks and uncertainties. We caution you that a number
of important factors could cause actual results to differ materially from the plans, objectives,
expectations, estimates and intentions expressed in such forward-looking statements. These factors,
some of which are discussed under Risk Factors beginning on page 6 of our Form 20-F filed on 7
July 2005 with the Securities and Exchange Commission, include but are not limited to: all matters
relating to or arising out of the prior manufacture of products that contained asbestos by current
and former James Hardie Australian subsidiaries; compliance with and changes in tax laws and
treatments; competition and product pricing in the markets in which we operate; the consequences of
product failures or defects; exposure to environmental, asbestos or other legal proceedings;
general economic and market conditions; the supply and cost of raw materials; the success of our
research and development efforts; our reliance on a small number of product distributors;
compliance with and changes in environmental and health and safety laws; risks of conducting
business internationally; compliance with and changes in laws and regulations; foreign exchange
risks; the successful implementation of new software systems; and the successful transition of our
new senior management. We caution you that the foregoing list of factors is not exclusive and that
other risks and uncertainties may cause actual results to differ materially from those in
forward-looking statements. Forward-looking statements speak only as of the date they are made.
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