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Notes to Consolidated Financial Statements (Continued)<br />
(16) Income taxes (Continued)<br />
Income tax expense is reconciled to hypothetical amounts computed at the U.S. federal statutory rate for each of the three<br />
years ending December 31, 2013 in the table below (in millions).<br />
2013 2012 2011<br />
Earnings before income taxes ..................................................... $28,796 $22,236 $15,314<br />
Hypothetical amounts applicable to above computed at the U.S. federal statutory rate ......... $10,079 $ 7,783 $ 5,360<br />
Dividends received deduction and tax exempt interest .................................. (514) (518) (497)<br />
State income taxes, less U.S. federal income tax benefit ................................. 168 250 289<br />
Foreign tax rate differences ....................................................... (256) (280) (208)<br />
U.S. income tax credits .......................................................... (457) (319) (241)<br />
Other differences, net ............................................................ (69) 8 (135)<br />
$ 8,951 $ 6,924 $ 4,568<br />
We file income tax returns in the United States and in state, local and foreign jurisdictions. We are under examination by<br />
the taxing authorities in many of these jurisdictions. We have settled tax return liabilities with U.S. federal taxing authorities for<br />
years before 2005. The U.S. Internal Revenue Service (“IRS”) has completed the exams of the 2005 though 2009 tax years.<br />
Berkshire and the IRS have informally resolved all proposed adjustments in connection with these years with the IRS Appeals<br />
division and expect formal settlements within the next twelve months. The IRS continues to audit Berkshire’s consolidated U.S.<br />
federal income tax returns for the 2010 and 2011 tax years. We are also under audit or subject to audit with respect to income<br />
taxes in many state and foreign jurisdictions. It is reasonably possible that certain of our income tax examinations will be settled<br />
within the next twelve months. We currently do not believe that the outcome of unresolved issues or claims is likely to be<br />
material to our Consolidated Financial Statements.<br />
At December 31, 2013 and 2012, net unrecognized tax benefits were $692 million and $866 million, respectively. Included<br />
in the balance at December 31, 2013, are $560 million of tax positions that, if recognized, would impact the effective tax rate.<br />
The remaining balance in net unrecognized tax benefits principally relates to tax positions for which the ultimate recognition is<br />
highly certain but for which there is uncertainty about the timing of such recognition. Because of the impact of deferred tax<br />
accounting, other than interest and penalties, the difference in recognition period would not affect the annual effective tax rate<br />
but would accelerate the payment of cash to the taxing authority to an earlier period. As of December 31, 2013, we do not<br />
expect any material changes to the estimated amount of unrecognized tax benefits in the next twelve months.<br />
(17) Dividend restrictions – Insurance subsidiaries<br />
Payments of dividends by our insurance subsidiaries are restricted by insurance statutes and regulations. Without prior<br />
regulatory approval, our principal insurance subsidiaries may declare up to approximately $13 billion as ordinary dividends<br />
before the end of 2014.<br />
Combined shareholders’ equity of U.S. based property/casualty insurance subsidiaries determined pursuant to statutory<br />
accounting rules (Statutory Surplus as Regards Policyholders) was approximately $129 billion at December 31, 2013 and<br />
$106 billion at December 31, 2012. Statutory surplus differs from the corresponding amount determined on the basis of GAAP<br />
due to differences in accounting for certain assets and liabilities. For instance, deferred charges reinsurance assumed, deferred<br />
policy acquisition costs, certain unrealized gains and losses on investments in fixed maturity securities and related deferred<br />
income taxes are recognized for GAAP but not for statutory reporting purposes. In addition, under statutory reporting, goodwill<br />
is amortized over 10 years, whereas under GAAP, goodwill is not amortized and is subject to periodic tests for impairment.<br />
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