The Department of Commerce, through the Bureau of Economic Analysis (BEA), is currently conducting its Benchmark Survey of U.S. Direct Investment Abroad (the BE-10), a comprehensive survey on U.S. investment in foreign businesses conducted once every five years. 

Quick Takeaways

• The Benchmark Survey of U.S. Direct Investment Abroad (the BE-10) is a mandatory survey for U.S. persons or businesses with foreign affiliates.
• It is conducted once every five years by the BEA to collect economic data.
• Due dates: May 30 (fewer than 50 forms), June 30 (50+ forms).
• Failure to file the survey could result in civil penalties of up to $59,114, and willfully failing to report could result in criminal penalties of up to $10,000.  
• Different BE-10 forms apply depending on affiliate size and ownership.

What is the BE-10?

• The Benchmark Survey of U.S. Direct Investment Abroad (BE-10) is conducted every five years by the BEA.
• The purpose is to collect data that supports the creation of official U.S. economic statistics.
• The data submitted is confidential and used only for statistical purposes. 

Who must file the BE-10?

• A U.S. person or business enterprise is required to submit the BE-10 survey if it owned or controlled 10 percent or more of the voting interest in a foreign business enterprise (including a foreign branch of a U.S. company) at the end of the fiscal year that ended in calendar year 2024.
• Separate forms are required for each foreign affiliate that is being reported

What are the additional required forms for the BE-10?

• Form BE-10A must be filed for all U.S. businesses with at least one foreign affiliate, and at least one of the following additional forms must also be filed:
  • BE-10B - for majority-owned foreign affiliate(s) whose assets, sales, or net income exceed $80 million
  • BE-10C - for majority-owned foreign affiliate(s) whose assets, sales, or net income exceed $25 million but none of these items are greater than $80 million. Also, for minority-owned affiliate(s) whose assets, sales, or net income exceed $25 million
  • BE-10D - for all foreign affiliate(s) whose assets, sales, and net income do not exceed $25 million

What are the filing deadlines for the BE-10?

• May 30, 2025 – U.S. reporters filing fewer than 50 forms
• June 30, 2025 – U.S. reporters filing 50 or more forms 

What are the penalties for noncompliance?

Failure to file the survey could potentially result in civil penalties, and willfully failing to report could result in criminal penalties. 

• Civil penalties range from $5,911 to $59,114
• Willful failure to file could result in criminal penalties of up to $10,000.

FAQ- BE-10      

What counts as a foreign affiliate?
A foreign affiliate includes any foreign business enterprise in which a U.S. person owns or controls 10% or more of the voting interest, including a foreign branch of a U.S. company.

What if I don’t file the BE-10 on time?
You may face civil and/or criminal penalties. Extensions may be requested from the BEA.

Do I need to file if I divested before year-end?
Only ownership as of the end of the fiscal year in 2024 counts. However, if you received a notice from the BEA instructing you to file the BE-10, you must submit a BE-10 Claim for Not Filing. More information about the BE-10 survey and a link to file the survey online using eFile are available on the BEA’s website.

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