If you’re a non-US resident with a company based in the US, you may be asked to complete form BE-13. Here’s what you need to know:
What is form BE-13?
Form BE-13, The Survey of New Foreign Direct Investment in the United States, is used by the US Bureau of Economic Analysis (BEA) to collect information about foreign owned or financed companies in the US. The survey is free, and only used to generate timely statistical information. However, according to CFR Title 15 § 801.7, responding to the survey is required.
How is “foreign direct investment” defined?
The BEA defines foreign direct investment as: “ the ownership or control, directly or indirectly, by one foreign person of 10 percent or more of the voting securities of an incorporated US business enterprise, or an equivalent interest of an unincorporated US business enterprise, including a branch.”
Knowing the details of your investment in the US business economy is important, since there are several surveys to choose from: BE-13A, BE-13B, BE-13D, BE-13E, and BE-13 “Claim for Exemption.” If you have any questions about which form to file, you may contact the BEA:
Email: [email protected]
Phone: (301) 278-9419
Who has to file form BE-13?
All companies that meet BEA Basic Requirements must complete form BE-13. The two basic requirements include:
1. Entities acquired or established by a foreign person or entity.
2. Affiliates of a foreign company that:
- establish a legal business entity in the US
- expand foreign operations in the US
- acquire a US business enterprise
Many newly established companies will be contacted by the BEA directly with instructions on completing the survey. However, any company that qualifies as a foreign direct investor in a US company—regardless of whether it is contacted by the BEA—must complete form BE-13.
How do I file form BE-13?
To submit form BE-13 to the BEA, you’ll first have to login to the BEA eFile System, then:
- Create a new user name and password
- Click “Add a New BE-13 Report”
- Select and complete the BE-13 report that pertains to your business
When do I file form BE-13?
You must submit form BE-13 to the BEA within 45 days of your direct foreign investment, whether it be an acquisition, a new legal entity, or the expansion of a foreign business in the US.