Do You Have Ownership Interest in a Foreign Entity?


The BE-10 Benchmark Survey, is a new regulatory requirement affecting U.S. Persons whom have an ownership interest in a foreign entity. It is conducted by the Bureau of Economic Analysis (BEA), is a mandatory five-year survey of U.S. direct investment abroad and requires reporting from U.S. persons with 10% or greater direct or indirect ownership in foreign affiliates or business enterprises.

Here’s a breakdown of the key aspects:

What is it?

The BE-10 is a benchmark survey conducted by the BEA to gather information on U.S. direct investment in foreign countries.

Who is required to file?

U.S. persons who directly or indirectly own 10% or more of the voting stock or equivalent interest in a foreign business enterprise.

Forms:

The BE-10 survey consists of various forms: BE-10A, BE-10B, BE-10C, and BE-10D.

BE-10A:

This form is required for U. S. persons with at least one foreign affiliate.

BE-10B, C, & D:

These forms are used to report information about the foreign affiliates:

-BE-10B for majority-owned affiliates exceeding $85 million in Assets/Sales/Net Income.

-BE-10C for affiliates exceeding $25 million in Assets/Sales/Net Income.

-BE-10D for those less than $25 million in Assets/Sales/Net Income.

Due Dates

May 30, 2025 for a U.S. Reporter required to file fewer than 50 Forms BE-10B, BE-10C, and/or BE-10D and June 30, 2025 for those required to file 50 or more forms.

Penalties:

Failure to file can result in monetary penalties.

Where to find more information:

Detailed instructions and the forms themselves are available on the BEA website.

Please contact your tax preparer to answer any additional questions and how this requirement may impact you. Our team is available to assist you through this process and answer any questions you may have.