BEA BE-13: the
foreign investment filing
If a foreigner creates or acquires a company in the U.S., the Bureau of Economic Analysis needs to know. It's a federal requirement with penalties up to $59,114.
What is Form BE-13 and why does it apply to you?
The Bureau of Economic Analysis (BEA) tracks foreign direct investment in the U.S. If a foreigner forms an LLC, that counts as direct investment and must be reported.
It's not a tax, and there's nothing to pay. It's a mandatory statistical report.
But the BEA has legal authority to impose penalties up to
$59,114 for non-filing.
Most non-resident LLCs qualify for the exemption (BE-13 Claim for Exemption), but it still has to be filed.
When it applies
When a foreigner (individual or entity) creates or acquires a U.S. company with a 10%+ stake.
What is the BE-13 Claim for Exemption
It's the exemption form: filed when the investment does not exceed the BEA reporting threshold ($40 million for acquisitions, establishments, and expansions) or none of the BE-13A/B/D variants apply. Most of our clients fall here.
Filing deadline
45 days from the LLC formation date. If you missed the 45-day window, you can still file late (better late than never).
Where it's filed
Electronically through the BEA eFile portal (be13.bea.gov). Not with the IRS or FinCEN.
Not every LLC files the same form
The BEA has multiple versions of the form depending on the type and size of the investment. The vast majority of LLCs with a foreign owner file the BE-13 Claim for Exemption.
BE-13A — Acquisition (>$40M)
When a foreign entity acquires a voting interest in a U.S. business and the cost exceeds $40 million. Uncommon in our profile.
BE-13B / D (large investments)
Establishing a new entity (B) or expanding operations (D) above the BEA reporting threshold. Uncommon in our profile. (The BE-13C variant was removed in the 2025 revision.)
BE-13 Claim for Exemption — Exemption (most common)
When the investment does not exceed the reporting threshold ($40 million for acquisitions, establishments, and expansions) or none of the BE-13A/B/D variants apply. Simplified form. This is the one we file.
Not filing — Penalty
If you don't file any variant, the BEA can impose penalties up to $59,114 plus additional sanctions.
How it works
We handle the whole thing. We just need basic data on your LLC.
You give us your LLC details
LLC name, EIN, formation date, state of record and foreign owner details. If you're already a client, we have it all.
We determine the correct variant
We assess whether your LLC qualifies for the BE-13 Claim for Exemption (at or below the reporting threshold) or needs a full variant (BE-13A/B/D).
Electronic filing with the BEA
We complete and submit the form on the BEA's official portal. You get confirmation and a copy of the filing.
Clear pricing, no surprises
Included with your annual maintenance. We file it when your LLC is formed.
- BE-13 Claim for Exemption included in the service
- One-time filing
- Confirmation and copy of the report
- No additional paperwork
For those who need to file the BE-13 Claim for Exemption as a stand-alone.
- BE-13 Claim for Exemption form
- Electronic submission at be13.bea.gov
- Confirmation + copy of the filing
- Support during the process
If your LLC was formed with Devil Club, the BE-13 Claim for Exemption is filed automatically within the first 45 days at no extra cost, in any client plan (Basic or Manager).
BEA questions
Yes. Any U.S. company created or acquired by a foreign investor (individual or entity) with a 10%+ stake must file some variant of BE-13.
You still can — and should — file. Better late than not at all. Historically, the BEA has been more flexible with late filings than with total omissions.
No. BE-13 is filed only once, within 45 days of forming or acquiring the company. It's not a recurring obligation (unlike Tax Filing or FBAR).
They're different forms with different agencies. FBAR (FinCEN Form 114) is filed with FinCEN when you accumulate more than $10,000 in financial accounts outside the U.S. BE-13 is filed with the BEA after forming the LLC. Different purposes: FBAR tracks foreign accounts, BE-13 records inbound foreign investment.
Official sources
The BE-13 is a mandatory federal survey from the Bureau of Economic Analysis (BEA). These are the primary sources that govern it — you can verify them directly:
Official sources: BEA — BE-13 Survey of New Foreign Direct Investment
This service is limited to preparing and electronically filing the BE-13 form with the Bureau of Economic Analysis at the U.S. Department of Commerce.
Devil Club does not provide binding legal, tax or accounting advice. Penalty amounts shown are illustrative and may vary based on current legislation. Each case is evaluated individually.