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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 />

53

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