The BE-13 Survey: The 45-Day US Federal Filing Most Foreign-Owned LLC Owners Have Never Heard Of

If you are a non-resident who has set up a US LLC, you probably already keep a checklist: EIN, registered agent, the annual report in your state, Form 5472 with the pro forma 1120, the BOI rules. But there is one federal filing that almost never appears on those checklists — and it can fall due just 45 days after your company exists.

It is called the BE-13, the Survey of New Foreign Direct Investment in the United States. It is run by the Bureau of Economic Analysis (BEA), part of the US Department of Commerce, and for many foreign-owned LLCs it is a genuine, mandatory obligation. The good news: a rule change that took effect in October 2025 made it far simpler for small founders. The risk: most people have never heard of it at all.

What the BE-13 Survey Actually Is

The BE-13 is a statistical survey. The BEA uses it to measure how much new foreign investment is flowing into the United States — new companies, acquisitions, and expansions. It is conducted under the International Investment and Trade in Services Survey Act, and the rules sit in 15 CFR 801.7.

The key word is "new." Unlike the BEA's other direct-investment surveys, which look at companies that already exist, the BE-13 is triggered by an event: a foreign person creating or acquiring a US business.

Who Has to File — And Why It Probably Includes You

The BEA defines foreign direct investment as ownership or control by one foreign person of 10 percent or more of a US business enterprise. An LLC counts as an "unincorporated US business enterprise."

A BE-13 report is required of any US business enterprise in which a foreign direct investment relationship is created. In plain terms: if you, as a non-resident, establish a new US LLC, or buy into an existing one so that you hold 10 percent or more, you have created exactly the relationship the BE-13 is designed to capture.

One detail catches people out. The regulation says a response is required "whether or not they are contacted by BEA." You cannot wait for a letter. The obligation exists the moment the investment happens.

What Changed in October 2025

For years, the BE-13 had a low threshold, and the paperwork worried small founders. That changed with a final rule effective 3 October 2025 (later corrected in January 2026).

The BEA raised the cost threshold for the short form — the BE-13 Claim for Exemption — from $3 million to $40 million. The long forms (BE-13A, BE-13B, BE-13D) are now only for investments whose total cost is greater than $40 million.

For an ordinary non-resident founder, this is genuinely good news. Your LLC almost certainly cost far less than $40 million to set up or acquire. That means your obligation is the Claim for Exemption — a short form the BEA estimates takes well under an hour — rather than a detailed financial questionnaire.

The 45-Day Deadline

This is the part that surprises people. The BE-13 is due no later than 45 calendar days after the acquisition is completed, the new US business is established, or the expansion begins.

That clock starts at formation, not at the end of a tax year. There is no annual cycle to remember — it is a one-time filing tied to the event itself. You can file online through the BEA's eFile system at bea.gov/efile.

What Happens If You Do Not File

Because the BE-13 is mandatory, it carries penalties set out in the statute (22 U.S.C. 3105).

A failure to file can lead to a civil penalty. The statute sets the range at not less than $2,500 and not more than $25,000, and those amounts are adjusted upward each year for inflation, so the figure in force can be higher. A separate provision lets a court order the company to comply.

Willful failure is treated more seriously: a fine of up to $10,000 and, for an individual, up to one year of imprisonment. Officers, directors, employees, or agents who knowingly take part can face the same.

In practice, prosecutions of small founders are rare — but the obligation, and the exposure, are real. Filing a short form within 45 days is far cheaper than discovering the requirement later.

It Is Not a Tax — And It Is Confidential

It is worth being clear about what the BE-13 is not. It is not a tax return, and it does not create a tax bill. The information you submit is confidential by law, used only for statistical purposes, and — importantly — cannot be used for taxation, investigation, or regulation. It exists so the US government can measure investment flows, nothing more.

A Simple Action Plan

If you have recently formed or acquired a US LLC as a non-resident, check the formation or closing date. If it was within the last 45 days, plan to file your BE-13 (most likely the Claim for Exemption) before the deadline. If it was longer ago and you never filed, it is usually best to file late rather than not at all, and to get advice on your specific situation. Keep a copy of the confirmation with your company records, alongside your EIN letter and your Form 5472 paperwork.

Have Questions About Your Own Situation?

Every company's facts are a little different, and the BE-13 is one of those rules that is simple once you know it exists — and easy to miss when you do not. If you would like to talk it through, the MP Partner experts team is happy to help: no pressure, no hard sell, just clear answers.

Book a free consultation with our experts →