Hello, I’m CPA Maximiliano Mira Salas. Today we address a key topic in federal informational compliance: the BE-13 Survey from the Bureau of Economic Analysis (BEA), which is mandatory for many entities with recent foreign direct investment in the United States.

This requirement applies even to structures without immediate operational activity and is independent from tax obligations with the IRS. At FINANCERS, we support our clients in complying with this technical regime, which often goes unnoticed.

🔍 What is the BE-13 and who must file it?

The BE-13 is a mandatory non-tax survey, required by the U.S. Department of Commerce. Its purpose is to collect statistical information on new foreign direct investment in the country.

All U.S. entities that, as a result of foreign direct ownership (10% or more of shares or voting rights), have carried out the following must file it:

• The formation of a new U.S. entity with foreign participation.
• The acquisition of an existing U.S. company by a foreign investor.
• A significant expansion of existing operations under foreign control.

Important: It must be filed within 45 days of the transaction (formation, acquisition, or expansion), even if there is no business activity yet or if the investment is initial and with no income.

📄 Types of BE-13 Forms

BE-13A: For newly formed U.S. companies with foreign ownership ≥ 10%.
BE-13B: For acquisitions of existing companies by non-resident investors.
BE-13D: For operational expansions of entities already under foreign control.
BE-13C: If you receive the notice but the requirement does not apply (explanatory exemption form).
BE-13E: Follow-up reports required by the BEA on previously reported investments.

⚠️ Things to Keep in Mind

• Legal obligation independent from the IRS: This is not a tax form. It is required under the International Investment and Trade in Services Survey Act (22 U.S.C. §3101).
• Penalties for noncompliance: Civil fines of up to USD 50,000 for omission or incorrect filing. In severe cases, criminal penalties may apply to executives or responsible parties.
• Requires accounting and corporate accuracy: Information must be reported on invested capital, asset valuation, sources of funding, and entity structure, so it is essential to have supporting accounting documentation.

📝 Legal Considerations

This communication is for informational purposes only and does not constitute legal or tax advice. Each case must be evaluated individually, considering the tax specifics of the investor’s country of residence, global assets, and applicable international treaties.

If you need assistance, at FINANCERS we help you determine whether you are required to file the BE-13 Survey, prepare the necessary accounting information, and handle the entire process with the BEA to avoid penalties for omission or late filing.

CPA Maximiliano Mira Salas
International Tax Advisor | FINANCERS