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.

Annual Survey of U.S. Direct Investment Abroad

(Form BE-11)

Due date: Only entities that are contacted by BEA are required to report. Entities not contacted by BEA have no reporting responsibilities for the BE-11.

1. Form BE-11A

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

1. Form BE-11B

• Filed for each majority-owned foreign affiliate that has total assets, sales or gross operating revenues, or net income greater than $60 million at the end of the fiscal year. If the affiliate is a foreign affiliate parent of another foreign affiliate that is being reported on Form BE-11B or BE-11C, then this form must be filed for the foreign affiliate parent even if total assets, sales or gross operating revenues, or net income did not exceed $60 million.

1. Form BE-11C

• Filed for each minority-owned foreign affiliate owned directly and/or indirectly, at least 10 percent but not more than 50 percent, by all U.S. Reporters of the affiliate combined and for which the affiliate's total assets; sales or gross operating revenues, or net income after provision for foreign income taxes was greater than $60 million at the end of the fiscal year.

• If the affiliate is a foreign affiliate parent of another foreign affiliate being reported on Form BE-11C, then this form must be filed for the foreign affiliate parent even if the total assets, sales or gross operating revenues, or net income do not exceed $60 million.

1. Form BE-11D

• Filed for a foreign affiliate established or acquired during the fiscal year that has total assets, sales or gross operating revenues, or net income of more than $25 million but for which none of these exceed $60 million at the end of the affiliate's fiscal year.

1. Form BE-11 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 of more of the voting securities of an incorporated foreign business enterprise or an equivalent interest in an unincorporated foreign business enterprise.
• > None of the U.S. reporter's foreign affiliates are required to be reported on Form BE-11B, BE-11C, or BE-11D because all affiliates are exempt or because the U.S. reporter is fully consolidated in the report of another U.S. person.