FA2, which had no exempt or taxable surplus at the beginning of 2008 but will have exempt surplus of $100 at the end of 2008, is wholly owned by FA1, which had taxable surplus of $100 at the beginning of June 1, 2008. FA2 pays a $100 dividend (the "FA2 dividend") to FA2 (also with a calendar year end) on June 1, 2008, and FA1 then immediately pays a $100 dividend (the "FA1 dividend") to its Canadian parent ("Canco").
The FA2 dividend is deemed by Reg. 5902(2) to be paid out of exempt surplus of FA2. Accordingly, the FA1 dividend also would be considered to be paid out of exempt surplus of FA1. (All surplus amounts referred to above are in respect of Canco.)