Mark Your Calendars for BE-12 2022: What You Need to Know!

BE-12 2022 - Go To Guide

Attention all business owners and entrepreneurs! Are you aware of the upcoming BE-12 2022? If not, it's time to mark your calendars! The Bureau of Economic Analysis (BEA) conducts this mandatory survey every five years to collect information on foreign investments in the US and American investments abroad. In this post, we will talk about what you need to know about BE-12 2022, who needs to file it, and how to prepare for it. We'll also give you insights on the possible penalties for not filing the survey and share expert opinions and recent updates related to BE-12 2022. 

What is BE-12?

Maintaining an accurate record of foreign investment is crucial for understanding the economy's impact on the United States. That's where the BE-12 survey comes into the picture. It is a mandatory survey conducted by the Bureau of Economic Analysis (BEA) to collect data on foreign direct investment in the US. The BE-12 survey provides valuable information to policymakers, businesses, and investors and helps measure the economic impact of foreign investment in the country. All US businesses with foreign ownership must complete this survey every five years to ensure a comprehensive and accurate view of foreign investment data.

Importance of BE-12 

For policymakers, businesses, and researchers, the BE-12 2022 survey is essential for measuring international economic activity. With a comprehensive understanding of foreign direct investment's size and scope in the United States, decision-makers can create more effective economic policies. The mandatory participation of specific industries guarantees that all pertinent information is collected uniformly. Accurate reporting is crucial to ensure data-driven decision-making and prevent under-regulation of foreign investment activities. By providing valuable insights into the economic impact of foreign investment in the US, the BE-12 2022 survey plays a vital role in shaping future financial strategies.

Who is required to file BE-12?

Businesses in the United States with foreign affiliates meeting specific criteria must file the BE-12 survey. Compliance is mandatory; failure to submit the required information may result in penalties and fines. 

For every U.S. business enterprise (that includes non-personal real estate), where a foreign entity or person, either directly or indirectly, owned or controlled 10% or more of the voting securities (or equivalent interest for unincorporated businesses), a BE-12 report is required. This report must be filed for each U.S. affiliate at the end of the business enterprise's fiscal year that ended in calendar year 2022.

Which BE-12 form to file?

Determining which BE-12 survey form to file can be confusing, but it's crucial for accurate reporting. The survey forms vary based on industry and revenue, so it's essential to carefully review the instructions to ensure you're completing the correct form. Accurate reporting is critical in providing policymakers, businesses, and researchers with crucial data for effective economic decision-making. Additionally, submitting timely and accurate data is necessary to avoid any issues with compliance and potential penalties or fines.

Following are the forms that must be filed depending on the revenue stats:

  • BE-12A: U.S. businesses that are 50%+ foreign owned with net income or total assets more than $300M
  • BE-12B: U.S. businesses that are 50%+ foreign owned with net income or total assets ranging between $60M to $300M
  • BE-12C: U.S. businesses that are 50%+ foreign owned with net income or total assets less than $60M

Changes in BE-12 2022 Forms from previous years

The BE-12 2022 survey forms will have updated questions and data requirements to capture more detailed information about foreign investment in the US. These changes to the survey forms may impact companies' reporting timelines and processes. Therefore, businesses must stay informed about the modifications and plan accordingly to ensure compliance with reporting requirements

How to Prepare for BE-12?

Organising financial records and data is crucial to ensure accuracy and completeness while filling out the BE-12 2022. Businesses should start preparing now by reviewing past survey forms to understand the type of information that will be required. It's also important to allocate sufficient time and resources to complete the survey before the reporting deadline. Understanding the purpose and significance of the survey for your business will help you prepare better and avoid penalties for late or non-reporting. By planning ahead, companies can streamline their reporting processes and comply with regulatory requirements.

Possible Penalties for not filing BE-12 2022 

Non-compliance with the BE-12 survey requirements can result in severe penalties and fines, making it essential for businesses to stay up-to-date with filing requirements and deadlines. The exact penalty amount can vary depending on the assets and liabilities involved. Failing to submit accurate information or missing the deadline can lead to additional charges, such as late fees and interest, adding even more financial burden on businesses. In addition, non-filing may also result in legal consequences, which could be detrimental to a business's reputation and prospects. To avoid these penalties and legal issues, companies must prioritise the timely and accurate submission of their BE-12 survey forms.

The penalties for not filing can be civil penalties of: 

  • $2,500 to $25,000, as well as
  • A criminal penalty of $10,000. 

Related Insights on BE-12

The BE-12 is a crucial tool used by the Bureau of Economic Analysis (BEA) to gather information on US direct investment abroad and foreign direct investment in the US. It's mandatory for businesses with a specific level of foreign investment and must be completed every five years. The survey provides valuable insights that inform government policies and improve economic statistics. Given this survey's significance, businesses must prepare well in advance and accurately submit their responses before the deadline to avoid any potential penalties or legal consequences.

Recent Updates on the BE-12 2022 

The BE-12 2022 is mandatory for businesses with foreign affiliates or subsidiaries, and it's crucial to stay up-to-date on recent updates to avoid potential penalties. Recent changes to the filing deadline and reporting requirements can make completing the survey challenging, but staying informed can help businesses prepare and comply with the regulations. Consultation with accountants or tax advisors can guide the latest updates and ensure that businesses have accurate financial data for reporting. Don't risk penalties for noncompliance - keep up with recent updates to the BE-12 2022.

Frequently Asked Questions

What is BE-12, and why is it important?

BE-12 is a survey conducted by the Bureau of Economic Analysis every five years to collect data on foreign investment in the US. US businesses with foreign ownership or control must participate. The data collected through BE-12 is used to measure the impact of foreign investment on the US economy and inform policy decisions.

Accurate completion of BE-12 can help businesses understand their role in the global economy and make informed decisions about their investments and operations.

Who is required to file BE-12 2022?

In 2022, all companies that have foreign ownership or interests exceeding 10% at the end of the year are required to submit BE-12. This requirement applies to e-commerce platforms involved in digital product distribution as well as partnerships that hold real estate for non-personal purposes.

It is important to note that failure to file BE-12 can result in significant fines and penalties, so eligible businesses need to ensure they meet their reporting requirements.

When will BE-12 take place next?

June 30, 2023.


BE-12 survey is a crucial survey that provides statistics on international investment and trade activities between US businesses and foreign affiliates. The BE-12 2022 is due to be filed in the next month, and it's essential to know who needs to file, which form to use, and when to file. Failure to comply with the BE-12 can lead to severe financial penalties.

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