The BE-10 Benchmark Survey is a mandatory filing requirement for U.S. persons and businesses with 10% or more voting interest in a foreign business as of the end of fiscal year 2024. The filing deadline is May 30, 2025 (fewer than 50 forms) or June 30, 2025 (50 or more forms).
Executive Summary:
- The Bureau of Economic Analysis is conducting the every-five-years benchmark survey of US Direct Investment Abroad, called the BE-10 Benchmark Survey.
- This survey is required for U.S. persons or businesses owning 10% or more voting interest in a foreign business at the end of fiscal year 2024.
- The BEA will notify participants by mail, which will include a specific BE-10 ID number needed to complete the survey.
- A BE-10 report consists of various forms, including Form BE-10A for the US person and separate forms for each foreign affiliate, and the due date for responses is May 30, 2025, for fewer than 50 forms or June 30, 2025, for 50 or more forms.
- Failure to file can lead to significant penalties, including civil fines and criminal punishment.
Who Must File the BE-10 Survey
Because the US Department of Commerce requires US entities and individuals to report their foreign business and real estate interests, US persons (corporations, private funds, trusts, estates, individuals) who own or control 10% or more of a foreign business enterprise, including foreign commercial and certain residential real estate, must file a BE-10 report. Filing is required regardless of the value of the foreign business enterprise and regardless of US tax status (i.e., disregarded entities must still file). Foreign real estate investments are reportable, with exceptions for personal use.
Purpose of Data Collection
The data collected, which includes financial and operating data, information on assets, sales, net income, employment, and other economic activities, is meant to help gauge the performance of the US economy and its role in the global economy. The information submitted is confidential and used for economic and statistical reporting purposes only. The BEA has a “Survey Respondent” resource page here with some helpful resources.
Consequences of Failure to File
Importantly, failure to file can result in civil penalties ranging from $5,911 to $59,114 and criminal penalties including fines up to $10,000 and imprisonment. Participation is important, and we are here to help. Please reach out to us with any questions or concerns.
