Key Takeaways:
- The U.S. Bureau of Economic Analysis (BEA) has announced that it is once again time to file the BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The benchmark survey covers the universe of U.S. direct investment abroad.
- The BE-10 forms are due no later than May 30, 2025, for U.S. reporters required to file fewer than 50 forms, and June 30, 2025, for U.S. reporters required to file 50 or more forms.
- Unlike some other BEA surveys, a response is mandatory from all persons subject to the BE-10 reporting requirements, whether or not they are contacted by the BEA.
The BE-10 is a benchmark survey which is conducted every five
years. A BE-10 report is required of any U.S. person that had a
foreign affiliate in 2024 (that is, that had direct or indirect
ownership or control of at least 10% of the voting stock of an
incorporated foreign business enterprise or an equivalent interest
in an unincorporated foreign business enterprise at the end
of the U.S. person's 2024 fiscal year). Certain
private funds are exempt from BE-10 reporting. For more information
on reporting requirements for private funds, visit here.
Entities subject to the filing requirements must complete the BE-10A form and one or more of the following
forms:
- BE-10B for majority-owned foreign affiliate(s) whose assets, sales, or net income exceed $80 million.
- BE-10C for majority-owned foreign affiliate(s) whose assets, sales, or net income exceed $25 million but none of these items are greater than $80 million. Also for minority-owned affiliate(s) whose assets, sales, or net income exceed $25 million.
- BE-10D for all foreign affiliate(s) whose assets, sales, and net income do not exceed $25 million.
If you were contacted by the BEA but are exempt from filing, you
should file a BE-10 Claim for Not Filing.
The data collected by the BEA is used for statistical and
analytical purposes and is not subject to Freedom of Information
Act (FOIA) requests. The BEA is also prohibited from granting
another agency access to the data for tax, investigative or
regulatory purposes.
Clients are reminded to review their activities in connection with
the BE-10 and all BEA and Department of the Treasury reporting
requirements to ensure they are in compliance. BEA/Treasury
Department reporting may apply to companies that have cross-border
structures or investments. For more information on the Form BE-10
visit https://www.bea.gov/be-10-benchmark-survey-us-direct-investment-abroad
or www.bea.gov.
Data collected from Form BE-10 will be used to identify entities
that meet reporting criteria for BEA's related annual (Form
BE-11) and quarterly (Form BE-577) surveys of U.S. direct
investment abroad.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
