BE-10 benchmark surveys due May 30, 2025

The first of two deadlines for those required to file Form BE-10 “Benchmark Survey: U.S. Direct Investment Abroad” is due May 30, 2025. 

Form BE-10 is due every five years and one of several mandatory surveys conducted by the U.S. Bureau of Economic Analysis (BEA) that is used to obtain data on the financial structure and operations of U.S. parents and their foreign affiliates. The survey must be filed with the BEA, which is an agency of the U.S. Department of Commerce and is responsible for calculating one of the world’s most closely watched statistics ꟷ the U.S.  gross domestic product.

The BE-10 Survey

The BEA surveys consist of quarterly, annual, and benchmark surveys of both outward and inward direct investments. Form BE-10 is a benchmark study that is conducted every five years that provides comprehensive coverage of business entities, transactions, and data items. As noted on the agency’s website, reporting on these surveys is mandatory under the International Investment and Trade in Services Act, which provides for confidentiality of data submitted to ensure integrity of the BEA statistical system. 

The BE-10 survey applies to “U.S. reporters” and consists of five forms. As noted on the BEA website, a BE-10 report is required of any U.S. person that had a foreign affiliate ꟷ that is, that had a 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 ꟷ at the end of a U.S. person’s 2024 fiscal year. The term “U.S. person” is defined broadly to include individuals, entities, trusts and estates resident in or subject to U.S. jurisdiction. 

There are numerous rules that may require reporting where one might not expect to be required. For example, U.S.-owned foreign real estate is considered a foreign affiliate unless excluded.  The term “real estate” includes businesses engaged in renting or leasing real estate to others. As noted on the BEA website, a complete response includes a BE-10A for the U.S. parent’s domestic operation and one or more BE-10B, BE-10C, or BE-10D forms for its foreign affiliates. 

The BE-10 instructions note the penalties for failure to file forms as required. Significant penalties may apply, especially those based on willfully failing to report.

Filing BE-10 surveys

BE-10 survey forms covering fiscal years ending in 2024 are due:

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

Surveys may be filed electronically through the BEA’s eFile system on their website at www.bea.gov/efile.  The website also contains forms and instructions, as well as contact information for those who have questions, available at www.bea.gov/dia. Correspondence with BEA staff may be conducted through a secure messaging system, and an organizational chart (detailing ownership structure) should be available. 

The BE-10 filing requirement is not a federal tax reporting obligation and does not fall under the Internal Revenue Code. Instead, the mandatory survey provides the BEA with economic data sought by the Department of Commerce. For additional information or assistance, please visit the BE-10 page, which contains a list of frequently asked questions. Those with questions are not addressed on the BEA website may also contact the BEA for live assistance over the telephone.

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