Berkshire Hathaway Could Owe Billions on Stock Gains Under the New Tax Law

Berkshire Hathaway Could Owe Billions on Stock Gains Under the New Tax Law


Warren Buffett, CEO of Berkshire Hathaway, likes holding favourite shares perpetually.

Johannes Eisele/AFP by way of Getty Images

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Berkshire Hathaway

CEO Warren Buffett has lengthy mentioned that his favourite funding holding interval is perpetually.

He likes shopping for inventory in corporations like

Apple

(ticker: AAPL),

Coca-Cola

(KO), and

American Express

(AXP), with sturdy franchises that Berkshire Hathaway can maintain for a very long time. Berkshire has owned Coke and American Express for greater than 30 years.

One of the advantages of this strategy has been that it minimized taxes since Berkshire Hathaway (BRK/A, BRK/B) solely paid taxes when it bought inventory holdings at a achieve. Berkshire was sitting on about $245 billion of unrealized features in its inventory portfolio on the finish of final 12 months with practically all that complete in Apple, Coke, American Express, and

Bank of America

(BAC), in response to Buffett’s annual shareholder letter.

Berkshire reveals a deferred tax legal responsibility on its stability sheet associated to these features however beneath previous accounting guidelines, these taxes would possibly by no means be paid or paid a few years from now.

Berkshire, nonetheless, could have to start out paying taxes on annual unrealized features in its $327 billion fairness portfolio beginning in 2023 based mostly on the brand new 15% company minimal tax that was included within the new Inflation Reduction Act signed not too long ago by President Joe Biden. The tax applies to corporations with over $1 billion in annual earnings.

Given the dimensions of Berkshire’s portfolio, the annual features may be massive in a bull market. Berkshire, for instance, had $58.6 billion of unrealized funding features in 2021 in its inventory portfolio because of the market rally final 12 months. No taxes had been paid on these paper earnings.

That doubtless will change when the choice company minimal tax takes impact in 2023. Robert Willens, a New York tax knowledgeable, says if Berkshire had $50 billion one 12 months in unrealized features, it will doubtless have a $7.5 billion tax invoice.

“For regular tax purposes, gains are only taken into account when they are ‘realized,’ i.e., when the security is sold or ‘otherwise disposed of.’ When a corporation records a gain for book purposes, but not for tax purposes, a deferred tax liability is created. Now, with the minimum tax on the books, that deferred tax liability will become an actual or current tax liability,” Willens wrote in an e-mail to Barron’s.

But the brand new guidelines are advanced and the maths could not all the time be so simple as that. There is likely to be years when Berkshire wouldn’t owe taxes on unrealized features as a result of of the dimensions of its common tax invoice.

In an evaluation printed in Tax Notes International in November 2021, Martin Sullivan, a tax knowledgeable and chief economist at Tax Notes, estimated that Berkshire would have owed one of many largest quantities of taxes amongst megacap corporations based mostly on a 15% minimal company tax for interval from 2018 via 2020. Its annual tax invoice would have risen by a median of $3.2 billion over the interval.

Berkshire officers didn’t return calls or emails in search of remark.

For the previous a number of years, Berkshire has mirrored adjustments within the worth of its fairness portfolio in its monetary outcomes, together with its calculation of internet revenue, based mostly on guidelines mandated by usually accepted accounting requirements (GAAP).

This has resulted in enormous swings in Berkshire’s reported earnings and drawn the ire of CEO Buffett who tells traders to deal with the corporate’s core working outcomes and tune out the paper funding features and losses.

The reported revenue associated to paper fairness features didn’t lead to a present tax invoice, however that apparently is about to vary in 2023.

Write to Andrew Bary at andrew.bary@barrons.com

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