Commissioner of Inland Revenue v Frucor Suntory New Zealand Ltd

After the Court of Appeal's judgment in 'Commissioner of Inland Revenue v Frucor Suntory New Zealand Ltd' [2020] NZCA 383, the Supreme Court’s judgment, which is due to be released later this year, could be of substantial interest to those who follow tax law. It may reveal the extent to which deductions can be claimed for hybrid inter- and intra-company loans; the correct approach to assessing tax avoidance when a New Zealand company is a member of a multinational group; and whether tax avoidance schemes are void entirely or only in part. In the meantime, this case note summarises the facts of the case and the issues it raises so that readers may better understand this intricate but important area of law.