VIDEO REVIEW: BNC Tax Explains the BE-10 Form Requirements
Do You Need to File the BE-10? A Complete Guide for Expats and Small Business Owners (2025)
The BE-10 form is a U.S. government requirement that surprises many expats and business owners with foreign companies. Every five years, the Bureau of Economic Analysis (BEA) surveys Americans with foreign business interests. If this is news to you—or you just want to make sure you’re compliant—this guide is for you!
What is the BE-10 Form?
The BE-10 is not a tax form. It’s a survey the U.S. government uses to collect information on U.S. citizens and businesses who own 10% or more of a company or business entity outside the United States. This information is for statistical purposes only.
How can I find the instruction booklet?
Click here to download the full instruction booklet from the BEA.
Who Needs to File the BE-10?
U.S. Persons Who Own Foreign Businesses
You may need to file the BE-10 if:
- You are a U.S. citizen, green card holder, or U.S. tax resident, and
- You owned, directly or indirectly, 10% or more of any foreign business (corporation, partnership, sole proprietorship, or even a rental property through a trust) at any time in 2024.
Are there any exceptions?
U.S. Individuals who live abroad more than one year *may* be exempt
The instructions booklet (page 6, section III D) appears to exempt filers who live abroad, more than one calendar year, and who are not:
- Living abroad on an employment contract by a U.S. employer, expecting to return to the U.S. within a reasonable time
- Government employees abroad
BNC Tax advises you to contact be10-11@bea.gov to determine your filing requirement if you have any questions about your requirement. We have received same day responses from this email contact.
Real-World Examples
Jennifer is a U.S. citizen living in the Bonaire. She owns 50% of a private property which she rents out as a short-term rental.
→ Jennifer may need to file the BE-10.
Sarah is a U.S. citizen living in the Netherlands. She owns 100% of a Dutch BV (limited company).
→ Sarah may need to file the BE-10.
James and his U.S. friend each own 12% of a Mexican S.A. (corporation).
→ Both James and his friend may need to file BE-10 forms.
Maria is a U.S. green card holder who is a 100% owner a Mexican sole proprietorship.
→ Maria may need to file the BE-10.
David is a U.S. citizen who owns 5% of a Dutch BV.
→ David does not need to file.
Samantha is a U.S. citizen who owns only foreign stocks or a foreign bank account, but no 10%+ business interests.
→ Samantha does not need to file.
Amanda is a U.S. citizen who owns 100% of a registered sole proprietorship in Italy.
→ Amanda may need to file the BE-10.
Robert is a U.S. citizen who works remotely for his U.S. LLC from the beach in Mexico. Her has not registered a Mexican business entity.
→ Robert does not need to file.
Isabella is a dual-citizen of The UK and The US who owns a 100% LTD holding company, which owns 100% of an operating company.
→ Isabella may need to file two (2) BE-10 Forms, one for the direct ownership of the hold co and one for the indirect ownership of the opco.
Joint owners: If you and your spouse each own 50% of a foreign company, both must file BE-10 forms individually.
No income or dormant: Even if your business was dormant, had no income, or lost money, you still need to file if it existed during 2024 and you meet the requirements.
Minimum Income or Activity Requirements
There are none. If the foreign entity existed at any point in 2024 and you owned at least 10%, you must file—even if it had no income, was dormant, or operated at a loss.
Common questions regarding the filing requirements:
What if I only owned the business for part of the year?
You need to file if you owned at least 10% of the business at any point during 2024.
My Dutch BV, ZZP or Mexican S.A. has an extended filing year locally. Do I still need to file?
Yes, if the entity existed during 2024, you need to file the BE-10, regardless of when your local accounts are closed.
What about foreign rental properties?
You need to file if you owned at least 10% of the foreign rental at any point during 2024. These can be personal properties you rent out year-round or short-term rentals. To prepare the survey, you will need the profit of the rental (on your Schedule E or Form 8858) and the assets (on your depreciation schedule) and liabilities if any.
What about foreign rental properties held through a trust or Mexican bank trust (fideicomiso)?
If you own the property through a foreign entity or trust, you may need to report it if you meet the 10% ownership rule.
What if I have more than one foreign company?
You must file a separate BE-10 form (usually BE-10D) for each foreign business you own 10% or more of.
Do my spouse and I both need to file if we co-own the foreign business?
Yes, each U.S. owner must file their own BE-10 form, even if you file U.S. taxes jointly.
What Forms Do I Need to File?
- Most small business owners:
If your foreign business had total assets, sales, or net income/loss under $25 million, you’ll file a BE-10D for each. - Larger companies (over $25 million): You may need to file BE-10B or BE-10C.
- You may also need to file a summary BE-10A for yourself or your U.S. business.
Step-by-Step: How to E-File the BE-10
Filing online is the easiest way! Here’s how:
1. Register on the BEA Website
- Go to BEA eFile and create an account.
- Wait for the registration email with your access link (usually arrives within a few minutes).
2. Start Your Filing
- Log in to your BEA eFile account.
- Click “Add Survey.”
- Select “BE-10/11.”
- Click “Next Step,” then at the bottom of the screen select “ADD NEW BE-10 Report.”
- Enter your basic info (name, address, contact info), then click “Submit.”
3. Begin the Survey
- On the next screen, look for the blue table “BE-10/11 Benchmark/Annual Survey.” The filing period will say “2024 Benchmark.” Click “Select.”
- Answer two questions:
- “Is the U.S. Reporter an individual, estate, trust, or nonprofit?” (For most, YES)
- “Did the U.S. Reporter own one or more foreign affiliates with (1) total assets, (2) sales, or (3) net income over $25 million?” (For most, NO)
- Click “Continue.”
4. Download and Complete Your Forms
- Scroll down to see your assigned forms (usually BE-10A and BE-10D).
- Click “Download” for each.
- Complete the BE-10A (summary info), click “Save Data” and “Save as PDF.” Click “Next.”
- Complete the BE-10D for each foreign business, save your data and PDF, then click “Submit Data.”
5. Track Your Submissions
- Back at your account home, you’ll see the status of each survey in the blue table at the bottom of the screen.
How to File an Extension
- To request an extension or other specific questions, email be10-11@bea.gov.
How Long Does It Take to Get Access to File?
Most people receive their registration link via email within a few hours of signing up. In rare cases, it may take up to a day.
What Happens If I Don’t File?
Failure to file, filing late, or providing false information can lead to substantial civil or criminal penalties. The BEA can also contact you directly to require filing, even if you were unaware of the requirement. However, the BEA states that education rather than enforcement is the goal. Being proactive can reduce or eliminate penalty.
Is My Information Safe?
Yes! The BEA is required by law to keep your information confidential. It’s used only for statistical purposes and is never shared with other government agencies or for tax enforcement.
Need More Help or Not Sure If You Need to File?
Don’t worry—this is a confusing requirement for many people!
- Check the BEA Official BE-10 Page for official resources.
- Contact us for personalized advice. We can help you figure out if you need to file, and guide you through every step.
Disclaimer: This blog post is for general guidance. For advice on your specific situation, please reach out to our team!
Have more questions about the BE-10 or U.S. tax obligations for your foreign business? Leave a comment below or contact our team directly!