Form BE-12 is the U.S. Bureau of Economic Analysis (BEA) Benchmark Survey of Foreign Direct Investment in the United States, and any North Carolina business that is at least 10% owned (directly or indirectly) by a foreign person at the end of its 2022 fiscal year must file it. The form is filed with the federal BEA International Investment Division, but it sweeps in thousands of North Carolina affiliates—from small Charlotte LLCs with a German parent to large RTP biotech subsidiaries owned in Tokyo. Filing late or skipping the form can trigger civil penalties between $5,911 and $59,114 and, for willful violations, criminal fines up to $10,000 plus one year of imprisonment under 22 U.S.C. § 3105.
The 2022 benchmark cycle (revision date 2022) covers fiscal years ending in 2022 and is the version every North Carolina filer should be using right now. BEA reports it received roughly 27,000 BE-12 responses in the prior cycle, and the agency historically rejects or returns about 8% for missing fields, wrong NAICS codes, or unsigned certifications—mistakes that are easy to avoid once you know where filers slip.
- đź“„ What each BE-12 variant (A, B, C, and Claim for Not Filing) does and which one fits your North Carolina business
- 🧾 A line-by-line walkthrough of every page, schedule, and signature block on the form
- 🏢 Three full North Carolina scenarios—Charlotte, Research Triangle, and Raleigh—showing exactly what to enter
- ⚖️ The deadlines, penalties, and confidentiality protections under 15 U.S.C. § 4604 you need to know
- âś… The pre-filing checklist, common mistakes, and FAQs that keep your filing clean
What the Form Is and Who Must File It
Form BE-12 is the once-every-five-years benchmark census that BEA uses to measure the size, scope, and financial performance of foreign direct investment in the United States. It is required under the International Investment and Trade in Services Survey Act, and the rules sit in 15 CFR Part 801. Response is mandatory whether or not BEA contacts you first, which catches many North Carolina filers off guard.
You must file if a foreign person owned, directly or indirectly, at least 10% of the voting interest of your U.S. business enterprise at the end of the business’s 2022 fiscal year. “Foreign person” includes individuals, governments, trusts, estates, corporations, and partnerships organized outside the United States, as detailed in the BEA general instructions. Real estate held for profit is treated as a U.S. business enterprise, so a Wilmington beach rental owned by a Canadian citizen often triggers a BE-12.
There are four versions of the form, each tied to size thresholds measured by total assets, sales, and net income (positive or negative). The BE-12A covers majority-owned affiliates with any of those three items above $300 million; the BE-12B covers majority-owned affiliates between $60 million and $300 million, plus minority-owned affiliates above $60 million; the BE-12C covers everyone below $60 million; and the BE-12 Claim for Not Filing is for people contacted by BEA who do not actually meet the 10% threshold.
Before You Start: Documents and Information You Need
Gather everything before you log in to BEA’s eFile portal. The form locks in your fiscal year and asks for cross-referenced numbers, so jumping in without your records leads to mismatched totals that BEA flags during review.
- Employer Identification Number (EIN). BEA matches your EIN to IRS records, and a typo here causes the filing to be associated with the wrong entity, delaying acknowledgment.
- Fiscal year-end date. The form ties every dollar amount to your 2022 fiscal year close; using the wrong date forces a refile.
- Audited or internal financial statements for 2022. You will pull total assets, sales, and net income directly from these.
- Foreign parent legal name, country, and percentage ownership. Without this you cannot complete Part I, and BEA will reject the filing.
- Ultimate Beneficial Owner (UBO) name and country. The UBO is the person at the top of the ownership chain who is not owned more than 50% by anyone else, per 15 CFR § 801.2.
- NAICS 2022 code. Pick from the BEA-approved NAICS list; a wrong code distorts your industry classification for years.
- Number of U.S. employees as of the pay period covering March 12, 2022. This is the federal benchmark date used across statistical surveys.
- State-by-state breakdown of property, plant, and equipment (PP&E) and employment. North Carolina filers must report NC separately, and the state totals must equal the U.S. total.
- Prior BEA identification number, if you have one. Reusing it keeps your filing history consolidated.
- Authorized signer’s title and contact information. The certifier must be an officer, partner, or other authorized representative.
Where to Get the Form and How to Access It
The fastest path is BEA’s eFile system, which lets you create an account, complete the right BE-12 variant online, save drafts, and submit electronically. The portal performs basic math checks and flags missing required fields before submission, which cuts down on returned filings.
Paper forms are still accepted. You can download the BE-12A, BE-12B, BE-12C, or Claim for Not Filing PDFs, print them, complete them in black ink or by typing, and mail or fax them to BEA. Do not mix submissions—pick one channel per filing.
If BEA mailed you a letter with a 10-digit BE identification number, use that exact number. If you do not have one, the eFile system assigns one when you register. North Carolina filers based in Charlotte, Raleigh, Greensboro, Durham, Asheville, and Wilmington all use the same federal portal; there is no separate state filing.
Step-by-Step: How to Fill Out Form BE-12 Line by Line
The four BE-12 variants share a common front page (the “Identification” section) and then diverge into schedules. The walkthrough below covers every section that appears on the BE-12C (the most common) and flags where the BE-12A, BE-12B, and Claim for Not Filing differ.
Part I.A — BE Identification Number
This box asks for the 10-digit identifier BEA uses to track your filings across surveys (BE-12, BE-15, BE-13, and others). If BEA mailed you a letter, copy the number exactly as printed; if not, leave it blank and the eFile system will issue one. BE 1234567890 is what an existing filer types in.
A nuance trips up new filers: if your business previously filed a BE-13 Initial Report when foreign ownership began, your BE number is the same one. The most common mistake is creating a duplicate account because the filer cannot find the original letter, which forces BEA to merge records and delays processing. A misconception is that a new BE number is issued each cycle; it is not, the number stays with the U.S. affiliate for life.
Part I.B — Name and Mailing Address of U.S. Affiliate
Enter the full legal name as registered with the North Carolina Secretary of State, including suffixes like LLC, Inc., or L.P. Use the mailing address where BEA correspondence should arrive, which can differ from the physical location.
For example, Piedmont Biotech Holdings, LLC, 800 Park Offices Drive, Suite 3315, Research Triangle Park, NC 27709. A nuance: if you use a P.O. Box for mail and a physical street address for operations, list the P.O. Box here and the street address in Part I.D. The most common mistake is entering a “doing business as” name instead of the legal name, which causes EIN mismatches at BEA’s IRS cross-check. The misconception is that BEA accepts any address the company prefers; in fact, the address must be a real U.S. address tied to the affiliate.
Part I.C — Employer Identification Number (EIN)
Enter the nine-digit federal EIN issued by the IRS, formatted 12-3456789. Every U.S. affiliate must have an EIN; if your North Carolina LLC has not obtained one, apply through the IRS EIN Online Application before filing.
A nuance applies to consolidated filers: if you file a fully consolidated BE-12 covering multiple subsidiaries, use the EIN of the top-tier U.S. affiliate, not each subsidiary. The most common mistake is entering the foreign parent’s tax ID; only U.S. EINs go here, and a wrong number triggers a manual review. The misconception is that ITINs work in this box—they do not.
Part I.D — Physical Location of U.S. Affiliate
Enter the street address of the principal place of business in the United States, including city, state, and ZIP. For a North Carolina filer with multiple offices, list the headquarters location.
For example, Carolina Coast Realty LLC, 1410 Commonwealth Drive, Suite 200, Wilmington, NC 28403. A nuance: real estate-only affiliates list the address of the main property if there is no separate office. The most common mistake is leaving this blank when it matches the mailing address, but BEA still requires the entry. The misconception is that the foreign parent’s address belongs here; it does not, this is a U.S.-only field.
Part I.E — Industry Classification (NAICS 2022)
Pick the six-digit NAICS code from the BEA NAICS 2022 list that best describes the affiliate’s primary U.S. activity by sales. If sales are split, use the activity that produced the largest share of revenue.
For example, a Charlotte affiliate of a German auto-parts maker that primarily distributes parts to dealers enters 423120 (Motor Vehicle Supplies and New Parts Merchant Wholesalers). A nuance: if you produce and distribute, manufacturing usually wins because BEA classifies by largest revenue activity. The most common mistake is choosing a parent-company code instead of the U.S. affiliate’s actual activity, which throws off industry statistics. The misconception is that NAICS 2017 codes are still acceptable; the 2022 cycle requires NAICS 2022.
Part I.F — Fiscal Year Ending Date
Enter the month, day, and year your 2022 fiscal year ended, formatted MM/DD/YYYY. Calendar-year filers enter 12/31/2022; non-calendar filers enter their actual close, such as 06/30/2022 for a June fiscal year.
A nuance: if your fiscal year changed during 2022, BEA requires you to file for the fiscal year ending in calendar 2022, even if it is shorter than 12 months, and to include a written explanation. The most common mistake is using the foreign parent’s fiscal year-end, which often differs; always use the U.S. affiliate’s. The misconception is that BEA expects calendar-year data; it expects the U.S. affiliate’s actual fiscal year.
Part I.G — Type of U.S. Affiliate (Corporation, LLC, Partnership, etc.)
Check the box that matches your legal form: Corporation, Limited Liability Company, Partnership, Sole Proprietorship, or Other. The form treats LLCs and corporations differently in later schedules, so this box drives downstream logic.
A nuance: a single-member LLC owned by a foreign individual is still a U.S. business enterprise that must file BE-12, even though it may be disregarded for IRS purposes. The most common mistake is checking Other when an LLC box exists, which causes BEA analysts to call. The misconception is that a disregarded entity does not file BE-12; if it has foreign ownership of 10% or more, it does.
Part I.H — Consolidation Status
Indicate whether this is a fully consolidated U.S. affiliate filing covering all U.S. subsidiaries owned more than 50%, or a stand-alone filing. Fully consolidated reporting is required when the U.S. affiliate has subsidiaries it controls.
For example, Triangle Pharma Holdings, LLC in Durham consolidates two operating subsidiaries and checks Fully Consolidated. A nuance: a U.S. affiliate cannot consolidate any non-bank business with any bank business; banks file separately. The most common mistake is filing separate BE-12s for each subsidiary when consolidation is required, which creates duplicate counts. The misconception is that consolidation is optional; for majority-owned U.S. subsidiaries, it is required by 15 CFR § 801.4.
Part II — Foreign Parent Information
List the foreign parent’s full legal name, country of incorporation, and country of location if different. Then enter the percentage of voting interest held directly by that foreign parent at fiscal year-end.
For example, BMW AG, Germany, 100.0000%. A nuance: if multiple foreign parents own pieces, list each on a separate line and the percentages must sum to the total foreign ownership. The most common mistake is rounding 99.9% to 100%, which misstates ownership; report to four decimals. The misconception is that only the immediate parent matters; BEA also wants the UBO in the next section.
Part III — Ultimate Beneficial Owner (UBO)
The UBO is the person, proceeding up the foreign parent’s chain of ownership, that is not more than 50% owned by another person. Enter the UBO’s name and country.
For example, an affiliate owned 100% by BMW AG whose largest shareholder is the Quandt family with under 50% reports BMW AG, Germany as the UBO because no single person owns more than 50% above it. A nuance: if the UBO is an individual, list the individual’s name; if a government, list the country and agency. The most common mistake is listing the immediate parent as the UBO when there is a higher-tier owner, which understates the true control. The misconception is that the UBO must be a corporation; it can be a person, government, trust, or estate.
Part IV — Financial and Operating Data
This is the heart of the form. You enter total assets, sales or gross operating revenue, net income (loss) after U.S. income taxes, and owners’ equity, all from the 2022 fiscal year financial statements. Amounts are in U.S. dollars rounded to the nearest thousand.
For example, Total assets: $48,712 (thousands); Sales: $61,204; Net income: $3,118; Owners’ equity: $22,540. A nuance: negative numbers go in parentheses, not with a minus sign, per BEA convention. The most common mistake is reporting in actual dollars instead of thousands, which inflates figures by 1,000x and triggers an immediate BEA call. The misconception is that GAAP is mandatory; BEA accepts the same basis used in your books, but you must be consistent across all BEA surveys.
Part V — Employment and Employee Compensation
Report the number of U.S. employees as of the pay period including March 12, 2022, and total employee compensation for fiscal year 2022. Compensation includes wages, salaries, and employee benefits.
For example, Employees: 142; Compensation: $11,890 (thousands). A nuance: independent contractors are not employees; only W-2 workers count. The most common mistake is using year-end headcount instead of the March 12 reference date, which can swing seasonal businesses dramatically. The misconception is that compensation excludes benefits; it includes employer-paid benefits like health insurance and retirement contributions.
Part VI — State-by-State Breakdown
For BE-12A and BE-12B filers, allocate gross PP&E and employment among the states where the affiliate operates. North Carolina filers must list NC and any other state where they have property or workers.
For example, a Greensboro logistics affiliate enters NC: 240 employees, $14.2M gross PP&E; SC: 35 employees, $2.1M gross PP&E. A nuance: state totals must equal the U.S. totals reported in Parts IV and V exactly. The most common mistake is omitting a small remote-worker state, which makes totals fail BEA’s cross-foot test. The misconception is that this section is optional for BE-12C filers; BE-12C does not require it, but A and B do.
Part VII — Trade in Goods and Services with the Foreign Parent
Report imports from and exports to the foreign parent group during fiscal year 2022. This captures intercompany flows that feed U.S. balance-of-payments statistics.
For example, Imports of goods from foreign parent: $7,400 (thousands); Exports of services to foreign parent: $310. A nuance: include intercompany royalties, management fees, and license payments, not just physical goods. The most common mistake is reporting only physical goods and ignoring services, which understates the true intercompany flow. The misconception is that transfer prices are private and do not need disclosure; BEA data is confidential under 15 U.S.C. § 4604 and cannot be shared with the IRS or any other agency.
Part VIII — Certification
A duly authorized officer, partner, or representative must sign, date, and print their name and title. The certification states under penalty of law that the answers are true and complete.
For example, Sarah Chen, Chief Financial Officer, 03/15/2026. A nuance: in eFile, the electronic signature box plus your account credentials together form the legal certification. The most common mistake is having an unauthorized person sign, such as a junior staffer, which BEA may treat as no certification at all. The misconception is that an outside CPA can sign without written authorization; the signer must be an officer or hold a written delegation.
BE-12 Claim for Not Filing — Special Walkthrough
If BEA mailed you a letter but you do not have foreign ownership of 10% or more, file the BE-12 Claim for Not Filing to close the file. Enter the BE identification number from the letter, your legal name, EIN, address, and check the reason: no foreign ownership, ownership below 10%, dissolved, merged, or never operational.
A nuance: even dissolved companies must respond if BEA mailed a letter, otherwise penalties accrue. The most common mistake is ignoring the letter assuming it does not apply, which still triggers civil penalty exposure. The misconception is that ignoring the form is safer than filing; under 15 CFR § 801.6, nonresponse itself is a violation.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Carlos Rivera, Charlotte BE-12C Filer (German Auto-Parts Distributor)
Carlos is the controller of Queen City Autoteile, LLC, a Charlotte distributor 100% owned by a German parent with $42 million in 2022 sales. Because every threshold is below $60 million, he files the BE-12C.
| Form Section | What Carlos Enters |
|---|---|
| Part I.A — BE ID Number | BE 1078456321 (from BEA letter) |
| Part I.B — Legal Name & Mailing Address | Queen City Autoteile, LLC, 4801 South Tryon St., Charlotte, NC 28217 |
| Part I.C — EIN | 47-3920184 |
| Part I.E — NAICS 2022 | 423120 — Motor Vehicle Supplies and New Parts Merchant Wholesalers |
| Part I.F — Fiscal Year End | 12/31/2022 |
| Part I.G — Type | Limited Liability Company |
| Part II — Foreign Parent | Autoteile Müller GmbH, Germany, 100.0000% |
| Part III — UBO | Autoteile Müller GmbH, Germany |
| Part IV — Financials | Total assets: $18,420; Sales: $41,980; Net income: $1,210; Owners’ equity: $7,640 (thousands) |
| Part VIII — Certification | Carlos Rivera, Controller, 04/12/2026 |
Scenario 2: Aisha Patel, Research Triangle BE-12B Filer (Japanese Biotech Affiliate)
Aisha is CFO of Triangle Genomics, Inc., a Durham biotech with $145 million in sales, $210 million in total assets, and majority Japanese ownership. She files the BE-12B.
| Form Section | What Aisha Enters |
|---|---|
| Part I.B — Legal Name & Mailing Address | Triangle Genomics, Inc., 800 Park Offices Dr., Suite 3315, Durham, NC 27709 |
| Part I.C — EIN | 81-2298410 |
| Part I.E — NAICS 2022 | 541714 — Research and Development in Biotechnology |
| Part I.F — Fiscal Year End | 03/31/2022 |
| Part I.H — Consolidation | Fully Consolidated (covers two NC subsidiaries) |
| Part II — Foreign Parent | Sakura Pharma KK, Japan, 78.5000% |
| Part III — UBO | Sakura Pharma KK, Japan |
| Part IV — Financials | Total assets: $210,400; Sales: $145,200; Net income: ($8,300); Owners’ equity: $94,100 (thousands) |
| Part V — Employment | Employees: 312; Compensation: $34,800 (thousands) |
| Part VI — State Breakdown | NC: 298 employees, $48.2M PP&E; MA: 14 employees, $1.1M PP&E |
| Part VII — Intercompany Trade | Imports of services from parent: $4,210; Exports of services to parent: $1,180 |
| Part VIII — Certification | Aisha Patel, Chief Financial Officer, 04/03/2026 |
Scenario 3: Janet Whitfield, Wilmington BE-12 Claim for Not Filing (Sold Affiliate)
Janet’s company, Carolina Coast Realty LLC, was sold to a U.S. buyer in November 2021, ending all foreign ownership before the 2022 fiscal year. She received a BEA letter in March 2026 and files the Claim for Not Filing.
| Form Section | What Janet Enters |
|---|---|
| BE ID Number | BE 1003992871 (from letter) |
| Legal Name | Carolina Coast Realty LLC |
| Mailing Address | 1410 Commonwealth Dr., Suite 200, Wilmington, NC 28403 |
| EIN | 56-2014998 |
| Reason for Not Filing | No foreign ownership during fiscal year 2022 |
| Date Foreign Ownership Ended | 11/18/2021 |
| New U.S. Owner (if known) | Cape Fear Holdings, Inc. |
| Contact Person | Janet Whitfield, Manager |
| Email & Phone | janet@coastrealty.com / 910-555-0142 |
| Certification | Janet Whitfield, Manager, 03/22/2026 |
How to File the Completed Form
You can file BE-12 through three channels, and BEA does not require you to choose in advance. Pick the one that matches your tech comfort and timing.
eFile (recommended). Go to BEA eFile, create an account with your business email, choose the BE-12 survey, and complete the right variant. There is no fee. Processing acknowledgment arrives by email within 1–3 business days. Save the PDF receipt as your proof of filing.
Mail. Print the completed form and mail it to Bureau of Economic Analysis, BE-49(B), 4600 Silver Hill Road, Washington, DC 20233. There is no fee. Use certified mail with return receipt; processing takes 2–4 weeks. Keep the green card and a full photocopy.
Fax. Fax completed paper forms to (301) 278-9502. There is no fee. Keep the fax confirmation page; BEA does not send a separate acknowledgment for faxed forms, so the confirmation is your only proof.
Deadlines for the 2022 cycle were May 31, 2023, for paper filers and June 30, 2023, for eFile filers, with extensions available through the BEA extension request page. Late filings are still accepted, and BEA generally prefers a late filing over no filing, but penalty exposure begins on the day after the deadline.
What Happens After You File
BEA’s analysts review every submission for completeness, internal consistency, and cross-survey alignment. Expect an email or phone call within 30–60 days if anything looks off, especially mismatched totals between Parts IV, V, and VI.
Your data is held in strict confidence under 15 U.S.C. § 4604, which forbids BEA from sharing identifiable data with the IRS, SEC, FBI, or any other agency, and prohibits use in tax, regulatory, or law-enforcement proceedings. Aggregated, non-identifiable statistics are published in BEA’s foreign direct investment tables.
After acceptance, BEA enrolls you in the related annual and quarterly surveys—BE-15 (annual) and BE-605 (quarterly)—based on your size. Filing BE-12 is not the end of your BEA reporting; it is the start of an ongoing cycle.
Mistakes to Avoid When Filling Out the Form
- Reporting dollars instead of thousands. Inflates every line by 1,000x and triggers immediate BEA correction calls.
- Using the foreign parent’s fiscal year. BEA expects the U.S. affiliate’s fiscal year, and a mismatch forces a refile.
- Listing a “doing business as” name. Causes EIN-to-IRS cross-check failures and processing holds.
- Choosing NAICS 2017 codes. The 2022 cycle requires NAICS 2022; old codes fail validation.
- Filing separate forms for consolidated subsidiaries. Creates duplicate reporting and BEA penalty letters.
- Confusing the foreign parent with the UBO. Leads to incorrect ownership-chain reporting and analyst follow-up.
- Entering March 12 as the filing date instead of the headcount reference. March 12 is the employee headcount date, not a deadline.
- Forgetting intercompany services in Part VII. Understates intercompany flows and skews national statistics.
- Letting an unauthorized employee sign Part VIII. May void the certification entirely under 15 CFR Part 801.
- Ignoring a BEA letter for a dissolved company. Nonresponse itself is a violation, even if the company no longer exists.
- Rounding ownership to whole percentages. BEA wants four decimals; rounding distorts threshold tests.
- Skipping the state-by-state schedule on BE-12A or BE-12B. Causes totals to fail BEA’s cross-foot test and returns the form.
Do’s and Don’ts
Do’s
- Do start in the eFile portal because it catches math errors before submission.
- Do match Part IV totals to your audited or reviewed financial statements line by line so BEA’s consistency checks pass.
- Do report negative numbers in parentheses to follow BEA’s standard convention.
- Do save a PDF copy of your submission and the email acknowledgment as your proof of filing.
- Do request an extension early through BEA Contact Us if you cannot meet the deadline; BEA grants most reasonable requests.
- Do file the Claim for Not Filing if you got a letter but do not meet the threshold, because nonresponse is itself a violation.
Don’ts
- Don’t paraphrase field labels in your records; BEA uses the exact labels for cross-checks across surveys.
- Don’t share BE-12 data with your tax preparer for IRS purposes because confidentiality runs both ways and could undermine the protections.
- Don’t assume small businesses are exempt; the BE-12C exists precisely for affiliates under $60 million.
- Don’t mix paper and eFile submissions for the same affiliate, which creates duplicate records.
- Don’t sign Part VIII without authority; the signer must be an officer, partner, or written delegate.
- Don’t skip the form because the foreign parent owns “only” 10%; 10% is the threshold, not a safe harbor.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing on Your Own
- You save outside-advisor fees that can run from $2,000 for a BE-12C to $25,000 for a complex BE-12A.
- You build internal knowledge for future BE-15 annual filings and BE-605 quarterly filings.
- You control the timeline and avoid coordinating with a third party near the deadline.
- The eFile portal’s built-in checks catch most math and field errors before submission.
- BEA analysts will answer specific questions by phone at (301) 278-9422, giving you direct help at no cost.
Cons of Filing on Your Own
- You bear full responsibility for misclassifications, especially NAICS code and consolidation choices that have multi-year ripple effects.
- You may miss confidentiality nuances that affect how data should be tagged across surveys.
- Complex ownership chains with multiple foreign parents and a UBO can be hard to map without experience.
- Penalty exposure under 22 U.S.C. § 3105 lands on the company, not on a CPA who would carry insurance.
- Time spent learning the form may exceed the cost of a specialist for one-off filings.
BE-12C vs. BE-12B: Which Variant Fits Your North Carolina Affiliate
| Feature | BE-12C / BE-12B |
|---|---|
| Size threshold | BE-12C: under $60M assets, sales, and net income / BE-12B: $60M–$300M (majority) or above $60M (minority) |
| Length | BE-12C: ~6 pages / BE-12B: ~14 pages |
| State-by-state schedule | BE-12C: not required / BE-12B: required |
| Intercompany trade detail | BE-12C: summary / BE-12B: detailed by good and service type |
| Typical NC filer | BE-12C: small Charlotte LLC / BE-12B: mid-size RTP biotech |
| Time to complete | BE-12C: 2–4 hours / BE-12B: 8–20 hours |
FAQs
Do I file BE-12 if my North Carolina LLC is only 10% owned by a foreign person?
Yes. The 10% voting interest threshold is the trigger, not a safe harbor. Even minority foreign ownership at 10% or more requires a BE-12 filing under 15 CFR Part 801.
Is BE-12 a North Carolina state form?
No. BE-12 is a federal form filed with the U.S. Bureau of Economic Analysis, even though it covers North Carolina businesses. There is no separate NC version.
Do I write my “doing business as” name in Part I.B?
No. Use the full legal name registered with the NC Secretary of State. Using a DBA causes EIN cross-check failures with the IRS.
Should I enter the foreign parent’s EIN in Part I.C?
No. Part I.C requires the U.S. affiliate’s nine-digit IRS EIN only. Foreign tax IDs and ITINs are not accepted in this box.
Do I report dollars or thousands in Part IV?
No dollars; report in thousands. Entering raw dollars overstates figures by 1,000x and triggers immediate BEA correction calls.
Is the data I report on BE-12 shared with the IRS?
No. BEA confidentiality under 15 U.S.C. § 4604 bars sharing identifiable data with the IRS, SEC, or any other agency.
Do I have to file if my company was dissolved before 2022?
Yes, if BEA mailed you a letter. File the Claim for Not Filing to close the record; ignoring the letter is itself a violation.
Do I need an audit to file BE-12?
No. BEA accepts the same accounting basis used in your books, audited or not, as long as you are consistent across BEA surveys.
Is the March 12, 2022, date a filing deadline?
No. March 12 is the federal benchmark date for counting U.S. employees in Part V. It has nothing to do with when the form is due.
Do I list the immediate parent or the UBO in Part III?
Yes, the UBO. The UBO is the highest-tier owner not more than 50% owned by another person, which may be the same as the immediate parent or higher up the chain.
Are intercompany royalties reported in Part VII?
Yes. Royalties, license fees, and management fees count as services traded with the foreign parent and must be reported.
Can my outside CPA sign Part VIII?
No, unless they hold a written delegation of authority from an officer or partner. Default signers must be officers, partners, or authorized representatives of the U.S. affiliate.
Is there a fee to file BE-12?
No. All filing channels—eFile, mail, and fax—are free. The only costs are your time and any optional advisor fees.
Do I file BE-12 every year?
No. BE-12 is the five-year benchmark. Annual reporting moves to BE-15, and quarterly reporting to BE-605, based on size.
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