Foreign Investment Reporting to the United States: In-Bound Investment into the United States Specific Survey Report Forms Annual Investment Survey (Part 4)

Burr Forman McNair
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The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts seven (7) mandatory surveys to collect information on direct investment. These seven surveys consist of an initial survey for any new in-bound direct investment, and then applicable quarterly, annual, and 5-year benchmark surveys. The purpose of the new foreign direct investment survey is to capture new investment transactions when a foreign direct investment relationship is created. The purpose of the quarterly survey is to report positions and transactions between a U.S. affiliate and its foreign parents, and between the U.S. affiliate and the foreign affiliates of the foreign parents. The purpose of the annual survey is to report annual financial and operating data of U.S. affiliates. The benchmark survey is conducted every five years, and provides the most comprehensive coverage of business entities, transactions, and data on foreign investment in the U.S.

Annual Survey of Foreign Direct Investment in the United States

(Form BE-15)

Due Date: Entities required to report will be contacted individually by BEA. Entities not contacted by BEA have no reporting responsibilities for the BE-15.

  1. Form BE-15A
  • Filed for a majority-owned U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $300 million.
  1. Form BE-15B
  • Filed for U.S. affiliates that meet one of the following criteria:
    • > A majority owned-U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $120 million but for which none of these exceed $300 million.
    • > A minority owned U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $120 million.
  1. Form BE-15C
  • Filed for a U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $40 million but for which none of these exceed $120 million.
  1. Form BE-15 Claim for Exemption
  • Filed if a U.S. affiliate meets one of the following criteria:
    • > The foreign voting ownership interest in the U.S. affiliate is less than 10 percent.
    • > The U.S. affiliate is fully consolidated or merged with the report of another U.S. affiliate.
    • > The total assets, sales, or gross operating revenues, and net income are all $40 million or less.
 

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The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts seven (7) mandatory surveys to collect information on direct investment. These seven surveys consist of an initial survey for any new in-bound direct investment, and then applicable quarterly, annual, and 5-year benchmark surveys. The purpose of the new foreign direct investment survey is to capture new investment transactions when a foreign direct investment relationship is created. The purpose of the quarterly survey is to report positions and transactions between a U.S. affiliate and its foreign parents, and between the U.S. affiliate and the foreign affiliates of the foreign parents. The purpose of the annual survey is to report annual financial and operating data of U.S. affiliates. The benchmark survey is conducted every five years, and provides the most comprehensive coverage of business entities, transactions, and data on foreign investment in the U.S.

Annual Survey of Foreign Direct Investment in the United States

(Form BE-15)

Due Date: Entities required to report will be contacted individually by BEA. Entities not contacted by BEA have no reporting responsibilities for the BE-15.

  1. Form BE-15A
  • Filed for a majority-owned U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $300 million.
  1. Form BE-15B
  • Filed for U.S. affiliates that meet one of the following criteria:
    • > A majority owned-U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $120 million but for which none of these exceed $300 million.
    • > A minority owned U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $120 million.
  1. Form BE-15C
  • Filed for a U.S. affiliate that has total assets, sales or gross operating revenues, or net income of more than $40 million but for which none of these exceed $120 million.
  1. Form BE-15 Claim for Exemption
  • Filed if a U.S. affiliate meets one of the following criteria:
    • > The foreign voting ownership interest in the U.S. affiliate is less than 10 percent.
    • > The U.S. affiliate is fully consolidated or merged with the report of another U.S. affiliate.
    • > The total assets, sales, or gross operating revenues, and net income are all $40 million or less.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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