BE-12 Report preparation and filing in the U.S. (2028)
The BE-12 report is a mandatory filing in the United States for companies with foreign ownership. The next reporting cycle is in 2028. In most cases, filing is required even if the company has minimal or no activity. We help determine whether filing is required, prepare the necessary data, and guide you through the process without errors
Assessment of BE-12 filing requirements
Preparation in compliance with BEA requirements
Minimizing penalty risks
End-to-End advisory support
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Assessment of BE-12 filing requirements
Preparation in compliance with BEA requirements
Minimizing penalty risks
End-to-End advisory support
countries where we support company formation and international business growth
years of experience in international business consulting and structuring
clients who successfully launched their businesses abroad with our support
We are proud of our clients and sincerely grateful for their trust
What is the BE-12 report in the USA
The BE-12 is a mandatory report in the United States for companies with foreign ownership, submitted to the Bureau of Economic Analysis to collect data on foreign investments. The report is filed once every 5 years. The last cycle was in 2023, and the next one is in 2028.
In most cases, the report must be filed if the company has a foreign owner (i.e., a non-US person). Filing may be required even if there is no active business activity. The BE-12 is used by U.S. authorities to analyze foreign business investment.
Who is required to file the BE-12 report?
U.S. companies must file the BE-12 report if a foreign individual or entity owns or controls 10% or more of the company’s equity as of the end of the reporting period. The report is required regardless of business activity. For the 2028 cycle, data as of the end of 2027 are used.
Important! Even if the company has no active operations, basic information must still be prepared and submitted.
Main cases when filing is required:
– the company is registered in the USA (LLC or C-Corp)
– the company has a foreign owner (non-US person)
– the foreign ownership share is 10% or more
Filing may also be required if there is real estate in the USA:
– companies or individuals owning real estate in the USA
– if the property generates income (e.g., rental income)
What BE-12 forms exist?
The BE-12 report is filed in different forms depending on the company’s structure, the scale of its financial indicators, and the nature of its activities in the United States. The specific form type is determined based on criteria set for the relevant reporting cycle. Important! The choice of the BE-12 form depends not only on the presence of foreign ownership but also on financial thresholds, business structure, and the reporting criteria applicable to the given cycle.
Form BE-12A
Form BE-12A applies to companies subject to full reporting requirements under the BEA criteria. It typically requires submitting the most detailed information, including ownership structure, financial data, operational activities, and transactions with related parties.Form BE-12B
Form BE-12B is used when a company falls within the intermediate reporting threshold. It covers key information about the company, its owners, financial performance, and principal business activities, but requires less detail than BE-12A.Form BE-12C
Form BE-12C applies when the company qualifies for simplified reporting under BEA criteria. It typically includes basic information about the company, ownership structure, and selected financial data required for reporting.Claim for Not Filing
Claim for Not Filing is used when a company or individual is not required to file a full BE-12 report every five years, but must formally notify the Bureau of Economic Analysis (BEA) that no filing obligation exists. This option may apply, for example, when the foreign ownership threshold or other BEA filing requirements are not met.What are the deadlines for filing the BE-12 report?
The BE-12 report must be submitted via the eFile system by June 30 of the reporting year.
For the 2028 cycle, the deadline is June 30, 2028. The report is based on data from the previous year, meaning that for the 2028 cycle, 2027 data is used.
What data needs to be prepared for the BE-12 report?
To file the BE-12 report, you need to collect basic information about the company, its owners, and financial indicators. The scope of data depends on the form type, but in most cases, the following information is required:
Basic company information
– company name and registration details
– legal form (LLC, C-Corp)
– main business activity
Ownership structure
– information about owners
– foreign ownership share (10% or more)
– country of tax residency
Financial data
– income and expenses
– assets and liabilities
– transactions with related parties (if applicable)
Business activity information
– description of the company’s activities
– presence or absence of operations
– number of employees (if applicable)
Real estate in the USA (if applicable)
– real estate assets
– usage (e.g., rental)
– income from real estate
Additional data
– information about related companies
– intra-group transactions
– other indicators depending on the BE-12 form type
Stages of preparing and filing the BE-12 report
We recommend starting preparation in advance to ensure all required data is collected on time and to avoid errors. A preliminary consultation helps determine filing obligations, select the correct form type, and prepare for the process with minimal risk.
Determining filing requirements
We analyze whether the company falls under BE-12 requirements, identify any foreign ownership, and determine the appropriate form type
Data collection and preparation
We collect and structure information about the company, ownership structure, financial data, and business activities in line with the selected form requirements
Filing the report
We complete the BE-12 form and submit it through the eFile system on time after verifying its accuracy
Risks and penalties for not filing BE-12
Need help with BE-12 preparation and filing?
We help determine whether your company falls under BE-12 requirements, which form should be submitted, and what data needs to be prepared
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Frequently asked questions about the BE-12 form
What is the BE-12 form, and why is it filed?
The BE-12 (Benchmark Survey of Foreign Direct Investment in the United States) is a mandatory report for U.S. companies with 10% or more foreign ownership.
It is submitted to the Bureau of Economic Analysis (BEA) and is used to collect data on foreign investment in the United States.
Who must file the BE-12 form?
U.S. companies must file if a foreign individual or entity owns or controls 10% or more of the business. The obligation applies even if the company has no active operations or income.
When to file the BE-12 form?
The report is filed once every 5 years. The last cycle covered 2022 (filed by June 30, 2023). The next filing is in 2028, based on 2027 data.
What BE-12 forms exist, and which one to choose?
There are several types of BE-12 forms (BE-12A, BE-12B, BE-12C, or a Claim for Not Filing), which vary depending on the size and structure of the business, as well as financial indicators.
BEA criteria determine the correct form, so it is recommended to conduct an analysis or seek professional advice before filing.
Do you need to file BE-12 if the company was inactive?
Yes. In most cases, the report must be filed even if there is no business activity, provided the foreign ownership is 10% or more.
Can you skip filing the BE-12?
In some cases, a Not Filing Claim can be submitted — this is an official confirmation that no filing obligation applies. However, eligibility must be assessed separately in accordance with BEA criteria.
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