SEC Form 5
FORM 5 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

ANNUAL STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
  
Form 3 Holdings Reported.
X
Form 4 Transactions Reported.
1. Name and Address of Reporting Person*
MURPHY THOMAS S

(Last) (First) (Middle)
77 WEST 66TH STREET

(Street)
NEW YORK NY 10023

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
BERKSHIRE HATHAWAY INC [ BRK ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director 10% Owner
Officer (give title below) Other (specify below)
3. Statement for Issuer's Fiscal Year Ended (Month/Day/Year)
02/14/2013
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned at end of Issuer's Fiscal Year (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Amount (A) or (D) Price
Class B Common Stock 12/03/2004 C4 300 A $0 306 I By wife
Class B Common Stock 01/07/2005 G(1)5 7 D $0 299 I By wife
Class B Common Stock 04/11/2006 G(1)5 9 D $0 290 I By wife
Class B Common Stock 06/12/2006 G(1)5 11 D $0 279 I By wife
Class B Common Stock 07/03/2006 G(1)5 17 D $0 262 I By wife
Class B Common Stock 01/03/2007 S4 5 D $3,664.38 257 I By wife
Class B Common Stock 05/13/2008 G(1)5 1 D $0 256 I By wife
Class B Common Stock 05/13/2008 G(1)5 7 D $0 249 I By wife
Class B Common Stock 12/15/2008 G(2)5 6 D $0 243 I By wife
Class B Common Stock 05/01/2009 G(1)5 6 D $0 237 I By wife
Class B Common Stock 05/04/2009 G(1)5 8 D $0 229 I By wife
Class B Common Stock 05/04/2009 G(1)5 11 D $0 218 I By wife
Class B Common Stock 05/22/2009 G(1)5 8 D $0 210(3) I By wife
Class B Common Stock 02/10/2010 C4 1,500 A $0 2,600(5) D
Class B Common Stock 06/23/2010 S4 333 D $79.4 2,267(5) D
Class B Common Stock 06/25/2010 S4 778 D $81.88 1,489(5) D
Class B Common Stock 08/25/2010 P4 2,295 A $76.49 2,295(5) I See footnote(6)
Class B Common Stock 08/25/2010 P4 2,290 A $76.49 2,290(5) I See footnote(7)
Class B Common Stock 08/30/2010 P4 19,195 A $76.48 19,983(5) I See footnote(8)
Class B Common Stock 11/03/2010 W(4)5 788 A $0 788(5) I See footnote(4)
Class B Common Stock 01/10/2011 P4 450 A $79.55 2,745(5) I See footnote(6)
Class B Common Stock 01/10/2011 P4 450 A $79.55 2,740(5) I See footnote(7)
Class B Common Stock 01/13/2011 P4 1,000 A $79.55 20,983(5) I See footnote(8)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
(A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Class A Common Stock (9) 12/03/2004 4C 10 (10) (10) See footnote(9) (9) (10) 220 I By wife
Class A Common Stock (9) 06/21/2006 4S 3 (10) (10) See footnote(9) (9) $92,187.17 217 I By wife
Class A Common Stock (9) 07/20/2006 4S 2 (10) (10) See footnote(9) (9) $92,538.36 215 I By wife
Class A Common Stock (9) 07/20/2006 4S 8 (10) (10) See footnote(9) (9) $90,270.26 207 I By wife
Class A Common Stock (9) 07/26/2006 4S 5 (10) (10) See footnote(9) (9) $90,840.15 202 I By wife
Class A Common Stock (9) 08/28/2006 4S 2 (10) (10) See footnote(9) (9) $96,172.76 200 I By wife
Class A Common Stock (9) 09/19/2006 G(1) 3 (10) (10) See footnote(9) (9) $0 197 I By wife
Class A Common Stock (9) 01/03/2007 4S 3 (10) (10) See footnote(9) (9) $110,408.83 194 I By wife
Class A Common Stock (9) 01/11/2007 4S 7 (10) (10) See footnote(9) (9) $110,022.99 187 I By wife
Class A Common Stock (9) 01/08/2008 4S 1 (10) (10) See footnote(9) (9) $133,793.83 186 I By wife
Class A Common Stock (9) 01/09/2008 4S 12 (10) (10) See footnote(9) (9) $129,988.01 174 I By wife
Class A Common Stock (9) 01/09/2008 4S 1 (10) (10) See footnote(9) (9) $130,149.29 173(3) I By wife
Class A Common Stock (9) 02/10/2010 4C 1 (10) (10) See footnote(9) (9) (10) 1,136 D
Class A Common Stock (9) 11/03/2010 W(4) 67 (10) (10) See footnote(9) (9) $0 67 I See footnote(4)
Class A Common Stock (9) (10) (10) See footnote(9) (9) 0(11) D
Class A Common Stock (9) (10) (10) See footnote(9) (9) 1,136 I See footnote(11)
Explanation of Responses:
1. Each of these reported transactions was a gift from Mr. Murphy's wife to a charitable organization.
2. This reported transaction was a gift from Mr. Murphy's wife to an individual.
3. On September 25, 2009 Mr. Murphy's wife died. The 173 shares of Class A Common Stock and 210 shares of Class B Common Stock beneficially owned by her at the time of her death were subsequently disposed of by her estate in transactions exempt from Section 16 of the Act pursuant to Rule 16(a)(2)(d).
4. Pursuant to Rule 16a-2(d) under the Act, on November 3, 2010, the date following the expiration of 12 months following his appointment and qualification as executor of his late wife's estate, Mr. Murphy may be deemed to have acquired beneficial ownership of shares beneficially owned by the estate to the extent of his pecuniary interest in such shares. Amounts reflect the 67 shares of Class A Common Stock and 788 shares of Class B Common Stock beneficially owned by the estate on November 3, 2010. Such shares subsequently were distributed from the estate to Marital Trust No. 2, a trust of which Mr. Murphy is trustee and the beneficiary. As of December 31, 2012, Marital Trust No. 2 beneficially owned 67 shares of Class A Common Stock and, after giving effect to the subsequent transactions in respect of Class B Common Stock by the trust disclosed in this Form 5, 20,983 shares of Class B Common Stock.
5. Class B share amounts are after giving effect to the 50-for-1 Class B stock split that became effective on January 21, 2010.
6. The Marital Trust No. 1 (Subtrust No. 1) is the direct beneficial owner of these securities. Mr. Murphy is a trustee and the beneficiary of the trust.
7. The Marital Trust No. 1 (Subtrust No. 2) is the direct beneficial owner of these securities. Mr. Murphy is a trustee and the beneficiary of the trust.
8. The Marital Trust No. 2 is the direct beneficial owner of these securities.
9. Prior to January 21, 2010, each share of Class A Common Stock was convertible at any time at the option of the holder into 30 shares of Class B Common Stock. As of January 21, 2010, as a result of a 50-for-1 stock split that became effective on such date, each share of Class A Common Stock is convertible at any time at the option of the holder into 1,500 shares of Class B Common Stock. In accordance with the instructions to Form 5, Thomas S. Murphy's holdings of, and transactions in, shares of Class A Common Stock are reported in Table II.
10. Not applicable.
11. As of December 31, 2012, all shares of Class A Common Stock were beneficially owned indirectly by Mr. Murphy through two grantor retained annuity trusts and no shares of Class A Common Stock were directly held.
Remarks:
/s/ Thomas S. Murphy 02/14/2013
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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