If the U.S. business enterprise was still in existence and still at least 10 percent foreign-owned at the end of its fiscal year that ended in calendar year 2022, then the company is required to file a BE-12A, BE-12B, or BE-12C.
If the U.S. business enterprise was no longer in existence or no longer foreign-owned before the end of its fiscal year that ended in calendar year 2022, AND was notified to file by BEA, then the company must submit a BE-12 Claim for Not Filing.
If the U.S. business enterprise was no longer in existence or no longer foreign-owned before the end of its fiscal year that ended in calendar year 2022, and was NOT notified to file by BEA, then no action is necessary.
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