I file the BE-125 Quarterly Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. Do I still need to complete the 2022 BE-120?

Yes. The Office of Management and Budget (OMB) regulations require each U.S. person that had transactions with foreign persons in the covered services or intellectual property during its 2022 fiscal year to file a BE-120, regardless of whether or not they have been contacted by BEA. Additionally, while there is some overlap between the two surveys, the BE-120 collects additional information not covered by the BE-125 survey. Any revisions or adjustments to transactions not reported on your 2022 BE-125 filings should be made on the 2022 BE-120.

What is the threshold for having to file the BE-25 survey?

Completion of a BE-25 survey is required of any U.S. person/company that had a. receipts from an unaffiliated foreign person in any of the types of transactions listed in Section V of the General Instructions for the BE-25 that exceeded $6 million during the previous fiscal year, or can be expected to exceed $6 million in the current year; or b. payments to unaffiliated foreign persons in any of these types of transactions that exceeded $4 million during the previous fiscal year or can be expected to exceed $4 million in the current year.

How do I request a filing extension for the 2022 BE-120?

Requests for an extension of the reporting deadline, may be considered if provided in writing by the July 31, 2023 due date. Extension requests can be submitted through BEA’s eFile system. Visit www.bea.gov/efile for more information. You may also fax the request to (301) 278-9507 or email the request to be-120extension@bea.gov. BEA typically provides a written response within five business days.

My company is a brokerage house and we paid fees on a securities transaction to an unaffiliated brokerage house in Switzerland. Are such fees reportable on the BE-22 Schedule B under service code 11?

No. Service code 11 on the BE-22 only covers direct purchases from unaffiliated foreign persons of financial services by U.S. firms that are not financial services intermediaries or providers. For example, financial services purchased directly from unaffiliated foreign persons by a U.S. manufacturing firm are covered on Schedule B, service code 11 of the BE-22, but financial services purchased by a U.S. bank or brokerage house are covered on quarterly form BE-85.