Rio Tinto PLC
14 June 2007
Rio Tinto and ATO settle franking credits dispute
Rio Tinto and the Australian Taxation Office (ATO) have reached an agreement to
settle their outstanding dispute regarding tax assessments imposed on 1997
franking credit transactions.
Details of the dispute were disclosed to the Australian Securities Exchange on
16 July 2003 and, most recently, in Rio Tinto's 2006 Annual report and financial
statements (Note 33).(1)
As at the 2006 year end, the net amount in dispute, including additional tax,
penalties and interest, stood at approximately A$515 million (US$407 million at
the year end exchange rate). As required by Australian tax law and practice, in
August 2003 Rio Tinto made a part payment of A$164 million pending resolution of
the ATO's claims.
The agreed settlement, made without any concessions or admissions of liability
by either Rio Tinto or the ATO, will involve the ATO repaying the amount of A$42
million (US$35 million)* from Rio Tinto's part payment of A$164 million; the ATO
retaining the balance of A$122 million (US$103 million)*, and Rio Tinto
cancelling net franking credits of A$48 million. The settlement will have no
impact on the expectation that Rio Tinto Limited will be in a position to pay
fully franked dividends for the reasonably foreseeable future.
The settlement will result in a charge to earnings of approximately US$46
million*, which will be reflected in Rio Tinto's 2007 half year results as an
item included in underlying earnings.
* based on an exchange rate of A$1.00/US$0.8406
LONDON AUSTRALIA
Media Relations Media Relations
Christina Mills Ian Head
Office: +44 (0) 20 8080 1306 Office: +61 (0) 3 9283 3620
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Nick Cobban
Office: +44 (0) 20 8080 1305
Mobile: +44 (0) 7920 041 003
Investor Relations Investor Relations
Nigel Jones Dave Skinner
Office: +44 (0) 20 7753 2401 Office: +61 (0) 3 9283 3628
Mobile: +44 (0) 7917 227 365 Mobile: +61 (0) 408 335 309
David Ovington Susie Creswell
Office: +44 (0) 20 7753 2326 Office: +61 (0) 3 9283 3639
Mobile: +44 (0) 7920 010 978 Mobile: +61 (0) 418 933 792
Website: www.riotinto.com
High resolution photographs available at: www.newscast.co.uk
--------------------------
(1) Note 33, 2006 Annual report and financial statements:
In 2002, the ATO issued assessments of approximately A$500 million (which amount
includes penalties and interest) in relation to certain transactions undertaken
in 1997 to acquire franking credits. The transactions were conducted based on
the Group's considered view of the law prevailing at the time. Subsequently,
the law was changed. The Group lodged objections to the assessments and on 26
May 2003 the Australian Tax Office ('ATO') substantially disallowed those
objections. The Group subsequently lodged proceedings in the Federal Court to
dispute the assessments and the trial of these proceedings is scheduled for July
2007.
As required by Australian tax law and practice, part payment of the disputed tax
assessments was required pending resolution of the dispute. A payment of A$164
million was made, which will be subject to recovery with interest if, as is
believed based on Counsels' opinion, the Group is successful in challenging the
assessments. Consequently, the amount paid has been recorded as a receivable on
the balance sheet. As at the year end the amount of the disputed tax
assessments, penalties and interest stood at approximately A$515 million (US$407
million at the year end exchange rate) after tax relief on the general interest
charge component.
This information is provided by RNS
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Does not distribute, republish or otherwise provide any information or derived works to any third party in any manner or use or process information or derived works for any commercial purposes.
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