BE-12 Benchmark Survey: Foreign Direct Investment in the United States
By Mark Chaves, Partner, International Tax Co-Leader
All entities subject to the reporting requirements established by the Bureau of Economic Analysis (BEA) must file the annual BE-12 survey for benchmarking. The BE-12 covers all fiscal years ended in 2022 no later than May 31, 2023, if paper filing, and by June 30, 2023, if e-filing. An extension may be available if requested before the due date through BEA’s eFile system at www.bea.gov/efile by selecting the appropriate survey and filing period, and then “Request an Extension.” The approval of the extension is at the BEA’s discretion and generally requires a reasonable cause explanation.
A BE-12 report is required for each U.S. affiliate at the end of a business enterprise’s fiscal year concluding within calendar year 2022. U.S. affiliates include U.S. business enterprises (including real estate held for non-personal use) in which a foreign person or entity owned or controlled, directly or indirectly, 10 percent or more of the voting securities of an incorporated U.S. entity, or an equivalent interest in an unincorporated U.S. entity.
A U.S. affiliate is:
- A business entity located within the United States in which a foreign person has a direct investment,
- A majority-owned U.S. business entity in which the combined direct and indirect voting interest of all foreign parents exceeds 50 percent, or
- A minority-owned U.S. business entity in which the combined direct and indirect voting interest of all foreign parents is 50 percent or less.
Filing requirements vary per form within the series, depending on whether assets or net income exceed certain amounts and whether ownership thresholds in other U.S. affiliates exceed 50 percent.
