Tax Law Insights

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts mandatory surveys to collect information on direct investment. There are three (3) specific surveys which track "out-bound" foreign investment: a quarterly survey, an annual survey, and a 5-year benchmark survey. The purpose of the quarterly survey is to report positions and transactions between a U.S. reporter and its foreign affiliates. The purpose of the annual survey is to report annual financial and operating data of the U.S. reporter and its foreign affiliates. The benchmark surveys are conducted every five years and provide the most comprehensive coverage of business entities, transactions, and data on investment being from the United States.

Benchmark Survey of U.S. Direct Investment Abroad

(Form BE-10)

Due Date: The benchmark survey is conducted every 5 years at the end of the fiscal period. The most recent benchmark survey covered the fiscal year ending in 2014.

1. Form BE-10A

• Filed by each U.S. person that has a foreign affiliate reportable in the fiscal year.

1. Form BE-10B

• Filed for majority-owned foreign affiliates of a U.S. parent that have assets, sales, or net income of more than $80 million.

1. Form BE-10C

• Filed for minority-owned foreign affiliates and for majority-owned foreign affiliates of U.S. parents that have assets, sales, or net income of more than $25 million but for which none of these exceed $80 million.
• Also filed for foreign affiliates that have assets, sales, or net income of $25 million or less and that are foreign affiliate parents of other foreign affiliates that are filing forms BE-10B or BE-10C.

1. Form BE-10D

• Filed for foreign affiliates that have assets, sales, or net income of less than $25 million and that are not foreign affiliate parents of other foreign affiliates that are being reported on form BE-10B or form BE-10C.

1. Form BE-10 Claim for Not Filing

Filed if a U.S. person meets any of the following criteria:

• > The U.S. person does not own or control, directly or indirectly, 10 percent or more of the voting securities of an incorporated foreign business enterprise or an equivalent interest in an unincorporated foreign business enterprise.
• > The U.S. person that owns or controls, directly or indirectly, 10 percent or more of the voting securities of an incorporated foreign business enterprise or an equivalent interest in an unincorporated foreign business enterprise, but this person is a citizen of a foreign country who is residing in the United States as a result of official employment by a foreign government or who has been, or expects to be, residing in the United States for less than 1 year, or who is fully consolidated in the report of another U.S. person.