The BE-10 is a mandatory survey conducted by the Department of Commerce’s Bureau of Economic Analysis (BEA) every 5 years. Its purpose is to gather information on U.S. direct investments abroad, including financial and operational data.
Who must file?
It is a required filing for every U.S. entity that had a foreign affiliate at the end of fiscal year 2024. For the purpose of this survey, having a foreign affiliate is defined as having 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.
U.S. individuals, estates, trusts and nonprofit organizations may also be required to submit a BE-10 report if they own a foreign affiliate directly, rather than through a U.S. business enterprise; or if they own more than 50% of a U.S. business enterprise that, in turn, owns a foreign affiliate.
If you are such a U.S. person, you are required to complete the BE-10 survey even if the BEA has not contacted you. If you are not such a U.S. person, but the BEA contacts you, then you must file a BE-10 exemption form.
Which forms must be filed?
Filing Form BE-10A is mandatory for all required to submit a BE-10 survey. A full BE-10A must be filed if the U.S. reported total assets, sales or net income exceed $300M. If they don’t exceed $300M, an abbreviated BE-10A must be filed.
One or more of the following forms must accompany it, depending on the number of foreign affiliates owned:
- BE-10B is to report majority-owned foreign affiliates with assets, sales or net income exceeding $80M.
- BE-10C is for majority-owned foreign affiliates with assets, sales, or net income over $25M but that don’t exceed $80M. Also for minority-owned affiliates whose assets, sales, or net income exceed $25M.
- BE-10D is for all foreign affiliates with assets, sales or net income not exceeding $25M.
Filing Deadline and Penalties For Non-Compliance
The deadline is May 30 2025 or June 30 2025, in cases where the U.S. reporter must file 50 or more forms. Failure to file may result in civil penalties of up to $59,114. Willful violations can lead to criminal penalties ranging from fines of up to $10,000 to one year of imprisonment, or both.
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