Frequently Asked Questions on Surveys of Foreign Direct Investment in the United States

Note: You may always call for assistance at (202) 606-5577 during office hours--8:30 a.m. to 4:30 p.m. eastern time. You may also call and leave a message at any time and someone will return your call.

General questions pertaining to all surveys of Foreign Direct Investment in the United States:

May I fax my report?
May I have an extension of the due date for filing the report?
May I file using an expired version of the form?
Will BEA acknowledge receipt of my report if requested?
Where can I find a copy of the International Surveys Industry (ISI) codes?
How do I obtain a copy of the last report I filed?
Who should provide the authorized signature on the report?
Where do I mail reports?
I received a "Notice of Failure To File" stating that my company has not complied with the reporting requirements. What should I do?
The address/contact person to whom my survey reports are sent has changed. How do I update this information with BEA?

Survey-specific questions:

General questions pertaining to all surveys of Foreign Direct Investment in the United States:

May I fax my report?

Yes, but please fax only the report itself; do not fax the instructions. Our fax number is 202-606-5319. However, please be advised that BEA cannot be responsible for the confidentiality of your data until we receive the fax. If you also mail the report, please provide a note telling us the date you faxed the report.

May I have an extension of the due date for filing the report?

For BEA to efficiently process your report and disseminate the final results of the survey it is important that you make every effort to file on time. Nevertheless, reasonable requests for extension of the filing deadline will normally be granted if requested BEFORE the due date. See the "Instructions" for each survey for more information.

May I file using an expired version of the form?

No. Please use the latest version of the form. Our forms, instructions, and a summary of our current reporting requirements are available on this Web site in PDF format, or call our office to obtain paper copies.

Will BEA acknowledge receipt of my report if requested?

Yes. You may provide an "acknowledgment of receipt" letter with your filing, which BEA will sign, date, and return to you, or you may also ask us to return a date-stamped copy of your cover letter to acknowledge receipt of your report.

Where can I find a copy of the International Surveys Industry (ISI) codes?

See the "Guide to Industry and Foreign Trade Classifications for International Surveys" on this Web site, or call our office to obtain a paper copy.

How do I obtain a copy of the last report I filed?

Reports filed with BEA are confidential. Requests for copies of reports must be in writing on company letterhead paper and signed by an officer of your company. Officers include the President, Vice President, Secretary, Treasurer, Assistant Vice Presidents, Assistant Secretaries, and Assistant Treasurers. Please call our office for further information.

Who should provide the authorized signature on the report?

Any official of the company may sign the report. Please keep in mind that the person signing the report is certifying that the report has been prepared in accordance with the applicable instructions, and is complete and substantially accurate. See the CERTIFICATION section of the report.

Where do I mail reports?

Mailing instructions are in the upper left-hand corner of page 1 on each report form.

I received a "Notice of Failure To File" stating that my company has not complied with the reporting requirements. What should I do?

Please review the instructions for filing and return a completed report, or valid claim for exemption, to BEA as soon as possible. Please call our office if you will not be able to file within the time frame stated in the "Notice."

The address/contact person to whom my survey reports are sent has changed. How do I update this information with BEA?

If you received a survey report with a label affixed, make any address changes directly on the label when you send the completed survey form back. You may also email address changes to BEA as follows:

Email address changes pertaining to the Initial Investment report (BE-13) to be13@bea.gov;

Email address changes pertaining to the Quarterly report (BE-605) to be605@bea.gov;

Email address changes pertaining to the Annual and Quinquennial (benchmark) reports (BE-15 and BE-12) to be12/15@bea.gov.

Note, however, that the internet is not a secure means of transmitting confidential information unless it is encrypted. If you choose to communicate with BEA via email, BEA cannot guarantee the security of the information during transmission, but will treat information we receive as confidential in accordance with Section 5(c) of the International Investment and Trade in Services Survey Act.

Survey-specific questions:

BE-12–Benchmark survey report

I am required to file a BE-12 report. Which form do I file?

Form BE-12(LF)

File for reporting nonbank U.S. affiliates that are majority-owned by foreign parents at the end of the fiscal year that ended in calendar year 2007 if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income (loss) after provision for U.S., State, and local income taxes - - exceeded $175 million at the end of, or for, the fiscal year that ended in calendar year 2007. A majority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate exceed 50 percent.

Form BE-12(SF)

File for reporting nonbank U.S. affiliates that are majority-owned by foreign parents at the end of the fiscal year that ended in calendar year 2007 if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income (loss) after provision for U.S., State, and local income taxes - - exceeded $40 million but none of those items exceeded $175 million at the end of, or for, the fiscal year that ended in calendar year 2007. A majority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate exceed 50 percent.

File for reporting nonbank U.S. affiliates that are minority-owned by foreign parents at the end of the fiscal year that ended in calendar year 2007 if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income (loss) after provision for U.S., State, and local income taxes - - exceeded $40 million at the end of, or for, the fiscal year that ended in calendar year 2007. A minority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate are 50 percent or less.

Form BE-12 Bank

File for reporting U.S. affiliates that are banks, bank holding companies, or financial holding companies at the end of the fiscal year that ended in calendar year 2007 if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income (loss) after provision for U.S., State, and local income taxes - - exceeded $15 million at the end of, or for, the fiscal year that ended in calendar year 2007.

Form BE-12 Mini

File for reporting nonbank U.S. affiliates owned by foreign parents at the end of the fiscal year that ended in calendar year 2007 if none of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income (loss) after provision for U.S., State, and local income taxes - - exceeded $40 million at the end of, or for, the fiscal year that ended in calendar year 2007.

Form BE-12 Claim for Not Filing

File for: (1) a U.S. affiliate that is consolidated into or merged with another U.S. affiliate, OR (2) an entity that is not directly or indirectly foreign-owned.

What is the due date for filing the 2007 BE-12?

A completed report on the 2007 Form BE-12 is normally due no later than May 31, 2008.

Is it acceptable to file using a photocopied version of the BE-12 form?

Yes. A photocopy, or a copy printed from BEA's Web site at www.bea.gov/fdi is acceptable; however, the CERTIFICATION section of the report must contain an original signature.

How do I report if I am a limited partnership or have an ownership interest in a limited partnership?

Special consolidation rules apply for U.S. affiliates that are limited partnerships or that have an ownership interest in a U.S. limited partnership. Sections A through E below describe the consolidation rules under five different sets of circumstances. If your situation is not addressed, please contact us at be12/15@bea.gov or 202-606-5577 for assistance.

A. U.S. affiliate is the only general partner of a U.S. limited partnership -

A U.S. affiliate that is the only general partner of a U.S. limited partnership is presumed to control the partnership (unless a clause to the contrary is contained in the partnership agreement) and should consolidate the operations of the partnership into its BE-12 report. The following example illustrates the reporting requirements.

Example: Corporation GP, a U.S. affiliate, is the sole general partner of Company LP, a U.S. limited partnership. GP owns 1 percent of the equity of LP. A limited partner owns the remaining 99 percent of the equity. GP controls LP and should consolidate LP into its BE-12 report.

If a BE-12 (LF) is filed, then:
The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-12(LF) in item 51 (other noncurrent liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be included in item 66 (other costs and expenses not included above, including minority interest in profits and losses that arise out of consolidation). In addition, LP should be listed on the Supplement A of GP's Form BE-12(LF). The Supplement A should show that GP has a 100 percent voting interest in LP.

If a BE-12(SF) is filed, then:
The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-12(SF) in item 23 (total liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be reflected in item 25 (net income (loss)). In addition, LP should be listed on the Supplement A of GP's Form BE-12(SF). The Supplement A should show that GP has a 100 percent voting interest in LP.

If a BE-12 Bank is filed, then:
The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-12 Bank in item 44 (total liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be reflected in item 51 (net income (loss)). In addition, LP should be listed on the Supplement A of GP's Form BE-12 Bank. The Supplement A should show that GP has a 100 percent voting interest in LP.

If a BE-12 Mini is filed, then:
The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-12 Mini in item 6 (total liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be reflected on GP's Form BE-12 Mini in item 5 (net income (loss)).

B. A U.S. affiliate that is a limited partnership has at least two general partners that are U.S. affiliates -

If nothing to the contrary is stated in the partnership agreement, the limited partnership is presumed to be controlled equally by each of the general partners. The limited partnership should file a separate BE-12 report. DO NOT CONSOLIDATE the operations of the limited partnership into the BE-12 report of any of the limited partners or general partners. Each general partner should report the limited partnership using the equity method of accounting. In addition each general partner, if filing a Form BE-12(LF), BE-12(SF), or BE-12 Bank should list the limited partnership on the Supplement B of its BE-12 report. (Note that the Form BE-12 Mini does not have a Supplement B.) For example, if there are only two general partners and each is a U.S. affiliate required to file a Form BE-12 (LF), BE-12(SF), or BE-12 Bank then the Supplement B of each general partner should show that they have a 50 percent voting interest in the limited partnership. The reporting requirements for the limited partners are illustrated in the example for item D below.

C. A U.S. affiliate that is a limited partnership has only one general partner and that general partner is a foreign parent -

The foreign parent is presumed to control the partnership (unless a clause to the contrary is contained in the partnership agreement). The limited partnership should file a separate BE-12 report. DO NOT CONSOLIDATE the operations of the limited partnership into another BE-12 report. The following example illustrates the reporting requirements.

Example: Corporation GP, located in Canada, is the sole general partner of Company LP, a limited partnership. GP owns 1 percent of the equity of LP. A limited partner owns the remaining 99 percent of the equity. GP is presumed to control LP and own 100 percent of the voting interest in LP. Since GP is located in Canada, LP should file a separate BE-12 report.

If a BE-12(LF) is filed, then:
LP should report GP as its foreign parent in item 12.a. (ownership held directly by foreign parent(s) of this affiliate) and report 100 percent voting interest in item 12.a., column (1) and 1 percent equity interest in item 12.a, column (3). In addition, LP should report 100 percent voting interest in item 216.a. column (1) (voting interest owned) and 1 percent equity interest in item 216.b. column (1) (equity interest owned). LP is not required to make any adjustments to its BE-12 report to reflect the financial interests of the limited partner.

If a BE-12(SF) is filed, then:
LP should report GP as its foreign parent in item 9 (ownership held directly by foreign parent(s) of this U.S. affiliate) and report 100 percent voting interest in item 9, column (1). In addition, LP should report 100 percent voting interest in item 68.a. column (1) (voting interest owned) and 1 percent equity interest in item 68.b. column (1) (equity interest owned). LP is not required to make any adjustments to its BE-12 report to reflect the financial interests of the limited partner.

If a BE-12 Bank is filed, then:
LP should report GP as its foreign parent in item 10 (ownership held directly by foreign parent(s) of this U.S. affiliate) and report 100 percent voting interest in item 10, column (1). In addition, LP should report 100 percent voting interest in item 79.a. column (1) (voting interest owned) and 1 percent equity interest in item 79.b. column (1) (equity interest owned). LP is not required to make any adjustments to its BE-12 report to reflect the financial interests of the limited partner.

If a BE-12 Mini is filed, then:
Assuming Part II on page 4 of the BE-12 Mini applies to LP, then LP should report GP as its foreign parent in item 16 (ownership held directly by foreign parent(s) of this U.S. affiliate) and report 100 percent voting interest in item 16, column (1). LP is not required to make any adjustments to its BE-12 report to reflect the financial interests of the limited partner.

D. A U.S. affiliate has a limited partner's interest in a U.S. limited partnership -

A U.S. affiliate that has a limited partner's interest in a U.S. limited partnership, but does not control the limited partnership, should not consolidate the operations of the limited partnership into its BE-12 report and, if filing a Form BE-12(LF), BE-12(SF), or BE-12 Bank, should not list the limited partnership on the Supplement A or B of its BE-12 report. (Note that the Form BE-12 Mini does not have a Supplement A or B.) A limited partner is presumed to have zero control over a limited partnership (unless a clause to the contrary is contained in the partnership agreement). The following example illustrates the reporting requirements.

Example: U.S. affiliate A has a 99 percent limited partnership interest in Company B but does not control Company B. Since U.S. affiliate A does not control Company B, U.S. affiliate A should not consolidate the operations of Company B into its BE-12 report. Instead, U.S. affiliate A should treat its financial interest in Company B as an investment.

If a BE-12(LF) is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 48 (other noncurrent assets). U.S. affiliate A should include its 99 percent financial interest in the profits or losses of Company B in item 62 (other income). Company B should not be listed on the Supplement A or B of U.S. affiliate A.

If a BE-12(SF) is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 22 (total assets). U.S. affiliate A should reflect its 99 percent financial interest in the profits or losses of Company B in item 25 (net income (loss)). Company B should not be listed on the Supplement A or B of U.S. affiliate A.

If a BE-12 Bank is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 43 (total assets). U.S. affiliate A should reflect its 99 percent financial interest in the profits or losses of Company B in item 50 (Total income). Company B should not be listed on the Supplement A or B of U.S. affiliate A.

If a BE-12 Mini is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 3 (total assets). U.S. affiliate A should reflect its 99 percent financial interest in the profits or losses of Company B in item 5 (net income (loss)).

E. A U.S. company that is a limited partnership whose foreign owners are limited partners -

A U.S. limited partnership whose foreign owners are limited partners should not file a BE-12 report if the foreign limited partners have no voting rights in the partnership. If the foreign limited partners have no voting rights in the partnership, then the foreign limited partners are not considered to have direct investment in the U.S. limited partnership.

BE-13–Initial investment report

I am aware of a transaction that occurred more than 45 days ago for which a BE-13 report should have been filed. Do I still need to file?

Yes, a report is required. Please file as soon as possible.

What are the filing requirements for Form BE-13?

A BE-13 report must be filed for new investment transactions in which a foreign person, or a U.S. affiliate of a foreign person, acquires at least a 10 percent ownership interest in a U.S. business enterprise that was not previously 10 percent or more foreign owned, and that has total assets of more than $3 million or involves the acquisition of 200 or more acres of U.S. land. See "Summary of Current Reporting Requirements for Foreign Direct Investment in the United States," on this Web site for more details.

I have submitted a BE-13. Are there any additional filing requirements?

If there are additional filing requirements, BEA will mail the necessary forms to you after receipt of your BE-13 report. See "Summary of Current Reporting Requirements for Foreign Direct Investment in the United States," on this Web site for more details.

BE-15–Annual survey report

I am required to file a BE-15 report. Which form do I file?

Form BE-15(LF)

File for reporting nonbank U.S. affiliates that are majority-owned by foreign parents at the end of the fiscal year covered by the report if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income after provision for U.S., State, and local income taxes - - exceeded $125 million (positive or negative) at the end of, or for, the fiscal year covered by the report. A majority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate exceed 50 percent.

Form BE-15(SF)

File for reporting nonbank U.S. affiliates that are majority-owned by foreign parents at the end of the fiscal year covered by the report if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income after provision for U.S., State, and local income taxes - - exceeded $30 million (positive or negative) but none of those items exceeded $125 million at the end of, or for, the fiscal year covered by the report. A majority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate exceed 50 percent.

File for reporting nonbank U.S. affiliates that are minority-owned by foreign parents at the end of the fiscal year covered by the report if any one of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income after provision for U.S., State, and local income taxes - - exceeded $30 million (positive or negative) at the end of, or for, the fiscal year covered by the report. A minority-owned U.S. affiliate is one in which the combined direct and indirect ownership interests of all foreign parents of the U.S. affiliate are 50 percent or less.

Form BE-15(EZ)

Complete Form BE-15(EZ) ONLY if you have been instructed to do so in writing by BEA.

Form BE-15 Supplement C (exemption claim)

File for reporting nonbank U.S. affiliates if none of the following three items - - total assets, sales or gross operating revenues excluding sales taxes, or net income after provision for U.S., State, and local income taxes - - exceeded $30 million (positive or negative) at the end of, or for, the fiscal year covered by the report.

What is the due date for filing the BE-15?

A completed report on Form BE-15 is normally due no later than May 31 of each year.

Is it acceptable to file using a photocopied version of the BE-15 form?

Yes. A photocopy, or a copy printed from this Web site, is acceptable; however, the CERTIFICATION section of the report must contain an original signature.

How do I report if I am a limited partnership or have an ownership interest in a limited partnership?

Special consolidation rules apply for U.S. affiliates that are limited partnerships or that have an ownership interest in a U.S. limited partnership. Sections A through E below describe the consolidation rules under five different sets of circumstances. If your situation is not addressed, please contact us at be12/15@bea.gov or 202-606-5577 for assistance.

U.S. affiliate is the only general partner of a U.S. limited partnership -

A U.S. affiliate that is the only general partner of a U.S. limited partnership is presumed to control the partnership (unless a clause to the contrary is contained in the partnership agreement) and should consolidate the operations of the partnership into its BE-15 report. The following example illustrates the reporting requirements.

Example: Corporation GP, a U.S. affiliate, is the sole general partner of Company LP, a U.S. limited partnership. GP owns 1 percent of the equity of LP. A limited partner owns the remaining 99 percent of the equity. GP is presumed to control LP and should consolidate LP into its BE-15 report.
1. If a BE-15(LF) is filed, then:
  The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-15(LF) in item 47 (other noncurrent liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be included in item 62 (other costs and expenses not included above, including underlying minority interest in profits and losses that arise out of consolidation). In addition, LP should be listed on the Supplement A of GP's Form BE-15(LF). The Supplement A should show that GP has a 100 percent voting interest in LP.
2. If a BE-15(SF) is filed, then:
  The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-15(SF) in item 24 (total liabilities). The 99 percent financial interest in profits or losses of LP held by the limited partner should be reflected in item 26 (net income (loss)). In addition, LP should be listed on the Supplement A of GP's Form BE-15(SF). The Supplement A should show that GP has a 100 percent voting interest in LP.
3. If a BE-15(EZ) is filed, then:
  The 99 percent financial interest in the equity of LP held by the limited partner should be included on GP's Form BE-15(EZ) in total liabilities (item 14 of the 2005 BE-15(EZ) and item 17 of the 2006 BE-15(EZ)). The 99 percent financial interest in profits or losses of LP held by the limited partner should be reflected on GP's Form BE-15(EZ) in net income (loss) (item 17 of the 2005 BE-15(EZ) and item 18 of the 2006 BE-15(EZ)).
A U.S. affiliate that is a limited partnership has at least two general partners that are U.S. affiliates -

If nothing to the contrary is stated in the partnership agreement, the limited partnership is presumed to be controlled equally by each of the general partners. The limited partnership should file a separate BE-15 report. DO NOT CONSOLIDATE the operations of the limited partnership into the BE-15 report of any of the limited partners or general partners. Each general partner should report the limited partnership using the equity method of accounting. In addition each general partner, if filing a Form BE-15(LF) or BE-15(SF), should list the limited partnership on the Supplement B of its BE-15 report. (Note that the Form BE-15(EZ) does not have a Supplement B.) For example, if there are only two general partners and each is a U.S. affiliate required to file a Form BE-(LF) or BE-15(SF), then the Supplement B of each general partner should show that they have a 50 percent voting interest in the limited partnership. The reporting requirements for the limited partners are illustrated in the example for item D below.
A U.S. affiliate that is a limited partnership has only one general partner and that general partner is a foreign parent -

The foreign parent is presumed to control the partnership (unless a clause to the contrary is contained in the partnership agreement). The limited partnership should file a separate BE-15 report. DO NOT CONSOLIDATE the operations of the limited partnership into another BE-15 report. The following example illustrates the reporting requirements.

Example: Corporation GP, located in Canada, is the sole general partner of Company LP, a limited partnership. GP owns 1 percent of the equity of LP. A limited partner owns the remaining 99 percent of the equity. GP is presumed to control LP and own 100 percent of the voting interest in LP. Since GP is located in Canada, LP should file a separate BE-15 report.
1. If a BE-15(LF) is filed, then:
  LP should report GP as its foreign parent in item 12 (ownership held directly by all foreign parents of this affiliate) and report 100 percent voting interest in item 12, column (1) and 1 percent equity interest in item 12, column (3). LP is not required to make any adjustments to its BE-15 report to reflect the financial interests of the limited partner.
2. If a BE-15(SF) is filed, then:
  LP should report GP as its foreign parent in item 9 (ownership held directly by all foreign parents of this affiliate) and report 100 percent voting interest in item 9, column (1). LP is not required to make any adjustments to its BE-15 report to reflect the financial interests of the limited partner.
3. If a BE-15(EZ) is filed, then:
  LP should report GP as its foreign parent in item 6 (ownership held directly by all foreign parents of this affiliate) and report 100 percent voting interest in item 6, column (1). LP is not required to make any adjustments to its BE-15 report to reflect the financial interests of the limited partner.
A U.S. affiliate has a limited partner's interest in a U.S. limited partnership -

A U.S. affiliate that has a limited partner's interest in a U.S. limited partnership should not consolidate the operations of the limited partnership into its BE-15 report and, if filing a Form BE-15(LF) or BE-15(SF), should not list the limited partnership on the Supplement A or B of its BE-15 report. (Note that the Form BE-15(EZ) does not have a Supplement A or B.) A limited partner is presumed to have zero control over a limited partnership (unless a clause to the contrary is contained in the partnership agreement). The following example illustrates the reporting requirements.

Example: U.S. affiliate A has a 99 percent limited partnership interest in Company B. Since U.S. affiliate A has only a limited partner's interest in Company B, U.S. affiliate A is presumed to have zero control over Company B. US. affiliate A should not consolidate the operations of Company B into its BE-15 report. Instead, U.S. affiliate A should treat its financial interest in Company B as an investment.

If a BE-15(LF) is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 44 (other noncurrent assets). U.S. affiliate A should include its 99 percent financial interest in the profits or losses of Company B in item 58 (other income). Company B should not be listed on the Supplement A or B of U.S. affiliate A.
If a BE-15(SF) is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in item 23 (total assets). U.S. affiliate A should reflect its 99 percent financial interest in the profits or losses of Company B in item 26 (net income (loss)). Company B should not be listed on the Supplement A or B of U.S. affiliate A.
If a BE-15(EZ) is filed, then:
Affiliate A should include its 99 percent financial interest in the equity of Company B in total assets (item 13 of the 2005 BE-15(EZ) and item 16 of the 2006 BE-15(EZ)). U.S. affiliate A should reflect its 99 percent financial interest in the profits or losses of Company B in net income (loss) (item 17 of the 2005 BE-15(EZ) and item 18 of the 2006 BE-15(EZ)).

A U.S. company that is a limited partnership whose foreign owners are limited partners -

A U.S. limited partnership whose foreign owners are limited partners should not file a BE-15 report. The foreign limited partners are presumed to have no voting rights in the partnership. Therefore, foreign limited partners are not considered to have a direct foreign investment in a U.S. limited partnership.

BE-605 and BE-605 Bank–quarterly survey report

The U.S. affiliate has more than one foreign parent. Must I file a separate BE-605 form to report transactions or accounts with each foreign parent?

Yes. If two or more foreign persons hold a reportable interest in a U.S. affiliate, a separate BE-605 form should be filed to report the transactions or accounts with each foreign parent.

Our foreign parent has a different (percentage of) equity ownership than voting ownership. Which do we use to file the report?

Voting ownership is used to determine who has control of the U.S. affiliate and, therefore, who must file. However, when completing the form, use the equity percentage of ownership to report the entries for items 11 through 17, 31, 32, and 60 through 68 on the BE-605 form, and items 11 through 16, and 28 and 29 on the BE-605 Bank form.

My foreign parent is located in one country but incorporated in another. Which country should I enter in item 5 of the form?

Enter the country of incorporation, not location.

Does Part VII -- Annual Income, Equity Position, and Allocated Expenses and Sales of Services-- need to be completed every quarter?

No. Complete Part VII only once a year, preferably after your financial statements have been audited.

Should items reported on part IV -- Debt Balances Between U.S. Affiliate and Foreign Parent -- be reported again on part VI -- Direct Transactions Between U.S. Affiliate and Foreign Affiliates of the Foreign Parent?

No. Part IV is used to report intercompany account balances between the U.S. affiliate and its foreign parent(s), whereas Part VI is used to report intercompany account balances and transactions between the U.S. affiliate and foreign affiliates of the foreign parent. See definition of "Affiliated foreign group" and "Foreign affiliate of foreign parent" on page 1 of the BE-605/BE-605 Bank instructions.

Should transactions between the U.S. affiliate and foreign affiliates of the foreign parent located in any of the U.S. territories or possessions be reported in Part VI -- Direct Transactions Between U.S. Affiliate and Foreign Affiliates of the Foreign Parent?

No. Do not report transactions with companies located in any U.S. territory or possession (or with any company located in the United States).

Must I file a BE-605 form for a U.S. affiliate that is exempt?

Yes, but you only need to complete the Certification of Exemption section located on the back page of the form. Please note that the Certification of Exemption is not a quarterly filing requirement for those U.S. affiliates that remain below the $30 million exemption level from quarter to quarter. However, the Certification of Exemption is required to be filed if we mail you a pre-labeled BE-605, or BE-605 Bank, form and the U.S. affiliate does not meet the criteria for filing the report.