Papers by Nicholas Augustinos
Text of Abstract: The paper focuses on the tax treatment of wasting intangibles. The aim of the p... more Text of Abstract: The paper focuses on the tax treatment of wasting intangibles. The aim of the paper is to conduct an international comparative analysis to see what insights might be obtained on the question of whether Australia should incorporate a separate depreciation allowance for wasting intangibles in the Income Tax Assessment Act 1997 (ITAA97). The relevant research builds on research which has been previously published by the author in the Australian Tax Review (Volume 38(2) May 2009). That publication highlighted the fact that the absence of a separate depreciation allowance for wasting intangible assets was not an ideal outcome from a tax policy perspective and that the enactment of section 40-880 (the 'Black hole' deduction provision) had not adequately dealt with the problem. In particular, that publication showed that, for certain wasting intangibles, the absence of a separate depreciation allowance places the courts in a difficult position when applying the IT...
Santander Art and Culture Law Review
The involvement of non-state actors in legal regimes concerning the protection of cultural herita... more The involvement of non-state actors in legal regimes concerning the protection of cultural heritage has been identified as a key challenge facing the development of international law in this field. This challenge is intensified when the relevant cultural heritage under consideration takes the form of religious sites whose use by a church community (non-state actor) for the purposes of its religious activities has been impacted upon by circumstances such as war or inter-ethnic conflict resulting in the displacement of that church community. This article contributes to this discussion by reference to a significant non-state actor in the field of religion and global affairs-the Orthodox Church-and specifically by reference to the Church's heritage in Turkey. After providing the reasons which justify a scholarly legal examination of the Church's assertion
Journal of the Australasian Tax Teachers Association, 2014
Revenue Law Journal, 2013
This article examines a particular type of dual-purpose expense-one which can be linked both to t... more This article examines a particular type of dual-purpose expense-one which can be linked both to the derivation of assessable income and to the generation of a private benefit. On what basis should a taxpayer be able to claim a deduction for such an expense? Significant difficulty and uncertainty underlie the apportionment process that is applied to such an expense by the courts, the Administrative Appeals Tribunal and the Australian Taxation Office. The process provides little practical guidance to taxpayers on how to apportion dual-purpose expenses. In addition, a tension exists between the apportionment process and the threshold issue of characterisation or 'relevance' of dual-purpose expenses. This article examines these issues and suggests some clear principles that should be applied to the task of deducting dual-purpose expenses of this kind.
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Papers by Nicholas Augustinos