The Foley Adviser

BE-10 Benchmark Survey of U.S. Direct Investment Abroad – Filing Requirement

March 9, 2020

The U.S. Bureau of Economic Analysis (BEA) has announced it is once again time for the BEA’s BE-10 Benchmark Survey of U.S. Direct Investment Abroad. The BEA is an agency of the United States Department of Commerce and provides statistics for U.S. economic accounts including data regarding cross-border economic activity.

The BE-10 is a benchmark survey that is conducted every five years. The current survey effort will cover 2019. The benchmark survey covers the universe of U.S. direct investment abroad. Unlike some other BEA surveys, a response is required from persons subject to the reporting requirements of the BE-10 whether or not they are contacted by BEA.

Reporting Triggers

A BE-10 report is required of any U.S. person that had a foreign affiliate in 2019 (that is, that had direct or indirect ownership or control of at least 10% of the voting stock of a foreign business enterprise at the end of the U.S. person’s 2019 fiscal year). Certain private funds are exempt from BE-10 reporting. For more information on reporting requirements for private funds, click here.

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.

Filing Deadline

The BE-10 forms are due no later than May 29, 2020 for U.S. reporters required to file fewer than 50 forms and June 30, 2020 for U.S. reporters required to file 50 or more forms.

More Information

Clients are reminded to regularly review their activities in connection with 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, click here.