Dutch withholding tax

This page contains information for dividends paid by James Hardie Industries N.V. from The Netherlands AFTER 1 January 2007. (See information about Dutch Withholding Tax relating to dividends paid before 1 January 2007.) 

If you are after information regarding dividnds paid by James Hardie Industries SE from Ireland please go to FY12 Interim Ordinary Dividend.

The Dutch national withholding tax rate was reduced from 25 percent to 15 percent effective 1 January 2007. This 15 percent rate applied to all dividend payments to securities holders, irrespective of whether the recipient is entitled to benefits of a tax treaty concluded with the Netherlands until James Hardie redomiciled to Ireland in June 2010.

For additional information for residents of specific countries, please use the links below:


Information for all Australian residents
Irrespective of whether you hold the securities in your own right, or as trustees, nominees, agents or Custodians

Australian resident securities holders will no longer need to complete either the Form A or the IB-92 Universeel form to be entitled to the 15% withholding tax rate.

Australian resident shareholders can not claim a further reduction of Dutch withholding tax. 

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Information for all New Zealand residents
Irrespective of whether you hold the securities on your own behalf or on behalf of another New Zealand resident

New Zealand resident shareholders can not claim a further reduction of Dutch withholding tax, irrespective of whether you hold your James Hardie CUFS on your own behalf or on behalf of another New Zealand resident.

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USA residents
In specific cases, US resident shareholders may be able to claim a further reduction of Dutch withholding tax.

If you are an ADR Holder, The Bank of New York can assist you in relation to withholding tax refunds.

If you are exempt from US tax because you are an organisation that is operated exclusively for religious, charitable, scientific, educational or public purposes or to administer or provide benefits for a pension, retirement or employee benefit fund you may be eligible for a full refund of the tax withheld from your dividend.

The refund can only be claimed by the person who includes the dividend in their assessable income for US tax purposes (this person is called the beneficial owner of the dividend). To claim a refund of the tax, the beneficial owner must:

1.  Be a resident of the US under the tax treaty between the US and The Netherlands. Broadly, if you are an individual this means that you are subject to US tax on the James Hardie dividend income and are:

(a) a resident of the US for tax purposes; and
(b) subject to US tax on your worldwide income (including the James Hardie dividend).

If you are not an individual, you should be able to claim a refund if you are entitled to the benefits of the tax treaty between the US and The Netherlands. If you are in doubt as to whether you can claim benefits under the treaty, please contact your tax adviser.

2.   Not carry on business through a permanent establishment (see below) in The Netherlands or if the beneficial owner does carry on business through a permanent establishment in The Netherlands, they do not hold your James Hardie CUFS as part of that business;

3.   Not perform independent personal services from a fixed based in The Netherlands; and

4.   Lodge the relevant Dutch form (see below) with the Dutch tax authorities within three years after the end of the calendar year in which the Dutch tax withheld.

Note:

  • A permanent establishment situated in The Netherlands is broadly, a fixed place of business in The Netherlands through which you conduct business. If you have any operations or agents in The Netherlands, you should contact your tax adviser to determine whether you have a permanent establishment situated in The Netherlands.
  • You may choose to use a single Dutch form to apply for more than one refund. Refunds relating to dividends received over a period of up to three years may be claimed on a single form.

If you are:

  • A trust, company or other organisation that is a resident of the US and is operated
    exclusively for religious, charitable, scientific, educational or public purposes.

 You need to: Contact your tax adviser to ascertain whether you can complete a IB 95 USA form

  • A trust, company or other organisation that is a resident of the US and is operated
    exclusively to administer or provide benefits for a pension, retirement or employee benefit fund.

You need to: Contact your tax adviser to ascertain whether you can complete a IB 96 USA form

  • A US resident with an interest of 10% or more in James Hardie.

You need to: Contact your tax adviser
 
Downloadable forms:

IB 95 USA form 
IB 96 USA form

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UK residents
UK resident shareholders can not claim a further reduction of Dutch withholding tax, irrespective of whether you hold your James Hardie CUFS on your own behalf or on behalf of another UK resident.

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Other countries
Holders who are residents of Argentina, Armenia, Austria, Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Croatia, Czech Republic, Denmark, Egypt, Estonia, Filipinas, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Republic of Ireland, Israel, Italy, Japan, Kazakhstan, Republic of Korea, Kuwait, Latvia, Lithuania, Luxembourg, Macedonia, Malawi, Malaysia, Malta, Mexico, Moldavia, Mongolia, Morocco, Nigeria, Norway, Pakistan, Philippines, Poland, Portugal, Romania, Russia, Serbia-Montenegro, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukraine, Uzbekistan, Venezuela, Vietnam, Zambia and Zimbabwe should consult their tax adviser to determine whether a refund of the amount withheld can be obtained. (TBC)

If necessary, these Holders can obtain a Dutch Form from the Holder's country's tax authority or from:

Belastingdienst/Centrum voor facilitaire dienstverlening/Afdeling Logistiek reprografisch centrum
PO Box 1314
7301 BN Apeldoorn
The Netherlands
Tel: +31 55 528 2016

email: Lrc.apeldoorn@tiscali.nl
Information on whether one may be eligible for a relief or refund of a Dutch tax can also be obtained from the website of the Dutch tax authorities: www.belastingdienst.nl, select English. This website also has the relevant forms.

Holders who are residents of countries other than those listed above may not be able to claim a refund as their country of residence does not have a tax treaty with The Netherlands. You should contact your tax adviser.

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Enquiries

For investor relations and finance and corporate media enquiries, please fill out this form or email us at:

investor.relations@jameshardie.com.au