Skip to content

BE-10 Survey for U.S. Persons with Non-U.S. Investments

Every 5 years, The Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce administers the Form BE-10 Survey. The BE-10 survey is for U.S. persons with non-U.S. investments. This year’s survey will cover fiscal years ending in 2024.

The BEA publishes U.S. economic and industry statistics, including international transactions and investments, and is authorized to mandate reporting under the “International Investment and Trade in Services Survey Act”. This Act requires the BEA to collect information on international investment and foreign trade in services.

The 2025 BE-10 must be filed by any U.S. person (such as any U.S. individual, entity, estate, or trust) that had direct/indirect ownership or control of at least 10% of the voting interests of a foreign business in 2024. This filing obligation is imposed regardless of the size of the foreign business. A response is required from entities subject to the requirements of the BE-10. Those required would include:

  • Business Owners – Ownership of 10%, or more, directly or indirectly, of the voting securities in any foreign business.
  • Commercial/Residential Real Estate Investors – Ownership of non-U.S. real estate investments, except for residential real estate held only for personal use (generally, non-income producing).
  • Self-Employed Individuals – Certain U.S. persons who conduct non-U.S. business activities as a separate operation (for example, a subsidiary) outside of the U.S. can be characterized as holding a non-U.S. business.

The BE-10 survey is often overlooked by owners/investors because it is only required every 5 years and is NOT A TAX FORM.  Like many foreign reporting forms, the penalties can be severe. Failure to file this survey can carry penalties of up to $59,114 ($25,000 by statute, adjusted for inflation) and up to one year in prison for individuals who willfully fail to file.

U.S. persons who invest/own outside the U.S. should prepare to file the BE-10 survey (we are providing a link below). The deadline for most filers is May 30, 2025. Extension requests must be received by the original due date (May 30, 2025).

BE-10 Benchmark Survey: U.S. Direct Investment Abroad | U.S. Bureau of Economic Analysis (BEA)

We recognize this required survey may appear redundant to information contained on tax filings you have already submitted on an annual basis. However, you should note this is both a separate and a mandatory survey, and we strongly recommend compliance as required by federal law.

This information has been prepared for informational purposes only, and is not intended to provide, and should not be relied upon for tax, legal, or accounting advice. If you have any questions regarding the BE-10 survey, please do not hesitate to contact us at Lear & Pannepacker.