BEA Direct Investment Surveys: Filing Requirements Guide

Overview 

The U.S. Bureau of Economic Analysis (BEA) administers mandatory surveys of cross-border direct investment under the International Investment and Trade in Services Survey Act. The forms are split between inbound investment (foreign ownership of U.S. business) and outbound investment (U.S. ownership of foreign business). 

The filing deadline for the forms varies by form type and the number of forms being filed. The next sections cover the types of forms, their purposes, who must file, and the filing deadline. 

Inbound: Foreign Direct Investment in the U.S. 

BE-15 Annual Survey of Foreign Direct Investment in the U.S. 

Purpose: Annual financial and operating data for U.S. affiliates of foreign parents in non-benchmark years. Three forms exist depending on the affiliate’s total assets, sales or gross operating revenues, or net income, with thresholds of $300 million, $120 million, and $40 million. 

Who files: Majority-owned U.S. affiliates of foreign parents (foreign voting interest greater than 50%) that exceed BEA size thresholds. Minority-owned affiliates may be required to file a Claim for Exemption if notified by the BEA of a filing requirement. Companies not contacted by BEA have no reporting responsibility for the BE-15. 

Claim for exemption: Minority-owned affiliates or affiliates with total assets, sales or gross operating revenues, or net income less than $40 million can file a Claim for Exemption rather than the full BE-15A/B/C. 

Due date: May 31 following the reporting year (June 30 for e-filers). 

BE-605 Quarterly Survey (Inbound) 

Purpose: To report the positions and the transactions between a U.S. affiliate and its foreign parent(s) and foreign affiliates of the foreign parent(s). 

Who files: Only U.S. affiliates that BEA contacts individually. Companies not contacted by BEA have no reporting responsibility for the BE-605, even if the company has at least 10% foreign ownership. 

Threshold: Required only for U.S. business affiliates for which total assets, annual sales or gross operating revenues (excluding sales taxes), or annual net income (after provision for U.S. income taxes) was greater than $60 million (positive or negative) at any time during the fiscal reporting year. 

Due date: Within 30 days after the close of each calendar or fiscal quarter, or within 45 days for the final quarter of the U.S. affiliate’s financial reporting year. 

Outbound: U.S. Direct Investment Abroad 

BE-11 Annual Survey (Outbound) 

Purpose: To collect annual financial and operating data on U.S. parents and their foreign affiliates. 

Who files: U.S. parents of majority-owned foreign affiliates who have been contacted by the BEA. Three forms exist depending on the affiliate’s total assets, sales or gross operating revenues, or net income.  

Claim for exemption: Minority-owned affiliates may qualify for exemption. 

Due date: May 31 following the reporting year (June 30 for filers with 50+ foreign affiliates). 

BE-577 Quarterly Survey (Outbound) 

Purpose: To report the positions and the transactions between a U.S. Reporter and each of its foreign affiliates. 

Who files: Only U.S. Reporters contacted by the BEA and who meet the threshold tests. 

Threshold: Required for directly owned foreign affiliates for which total assets, annual sales or gross operating revenues (excluding sales taxes), or annual net income (after provision for U.S. income taxes) was greater than $500 million (positive or negative) at any time during the fiscal reporting year. Indirectly owned foreign affiliates must meet the $500 million threshold as well as have outstanding intercompany receivable or payable balances with the U.S. reporter exceeding $10 million. 

Due date: 30 days after the close of each fiscal quarter (45 days for the final quarter of the fiscal year). 

Extension Requests 

The BEA may allow for an extension of time to file the reports if requested prior to the May 31 deadline (or June 30 if applicable). The length of the extension is based on the facts and circumstances for each taxpayer. 

Next Steps  

It is critical to evaluate your reporting obligations proactively and seek the assistance of a qualified tax practitioner. Should you have any questions, please contact your WG advisor or reach out to us here.