Decision Tree

Which BE-13 Form Should I file?

Was Real Estate Acquired?

No

No

Yes

Did an existing U.S. Affiliate of a foreign parent expand operations?

Continue to “Real Estate” on next page

Yes

Was a new legal entity established, and a foreign entity owns at least 10% of the new entity’s voting interest (directly or indirectly)?

Projected total expansion cost > $3m?

No

Yes

No

BE-13D

Yes

Was it created for the SOLE purpose of acquiring a SINGLE entity within 30 days after the establishment?

Wasa U.S. business enterprise acquired, and, as a result, 10% or more voting interest is now held (directly or indirectly) by a foreign entity ?

Yes

No

No

Yes

Contacted by BEA?

Total Cost of Acquistion > $3m?

Projected total cost to establish is > $3m?

No

Yes

No

Yes

No

Yes

No filing requirement

BE-13B

BE-13A

Claim for Exemption

Claim for Exemption

Still not sure which form to file or if you need to file a BE-13?

Please contact the BE-13 survey staff at 301-278-9514 or [email protected].

Was the real estate acquired as part of the creation of a new U.S. business enterprise?

Yes

No

BE-13D

BE-13B

No

Significant Added Construction to be Undertaken?

Was the Real Estate acquired and held exclusively for Personal Use and not for Profit Making purposes?

Real Estate

BE13-A

No

Yes

Claim for Exemption

Yes

No

Contacted by BEA?

No Filing Requirement

Yes