Forms BE-12 and BE-13

BE-12 and BE-12 are surveys required by the Bureau of Economic Analysis. Any US business entity that has a foreign owner who directly or indirectly controls 10% of the voting securities in the entity must file forms BE-12 and BE-13.

BE-12 is filed every 5 years. The most recent one was due on June 30, 2023, or May 31, 2023, if filed by mail and the next one is due on June 30, 2023, or May 31, 2023, if filed by mail.

BE-13 needs to be filed within 45 days after 10% of ownership of voting securities has begun. Even if an existing company has a foreign owner and another owner acquires 10% or more, a BE-13 is required. If total assets of the entity were less than $3 million you can file a BE-13 exemption instead.

The easiest way to file these forms is to

• Open https://apps.bea.gov/efile/

• Register for an account.

• Click Need to link / add survey.

• Choose the appropriate survey.

• If filing BE-13, including exemption, choose the option and file the online survey.

• If filing BE-12 choose add survey. Fill out the company information and submit -> go back to dashboard -> click select on company's name -> click select again -> scroll down and click under the tab form -> answer few questions, that will help the system determine which BE-12 sub form must be filed -> click download -> make sure to open the pdf file in adobe acrobat reader -> fill out pdf -> click submit

These forms are informational only. There is no fee for filing and your tax liability does not change based on the information in these forms.