The Nebraska Furniture Mart, Inc. Profit Sharing Plan
Notes to Financial Statements
December 31, 2022 and 2021
Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of Plan termination, participants would become 100% vested in their entire account.
The Plan has adopted a prototype plan. The prototype plan has received opinion letters from the Internal Revenue Service (IRS) dated May 28, 2014 and June 30, 2020 as to the prototype plan’s qualified status. The prototype plan opinion letters have been relied upon by this Plan. The plan administrator believes the Plan is designed and is being operated in compliance with the applicable provisions of the IRC.
U.S. GAAP requires management to evaluate tax positions taken by the Plan and recognize a tax liability (or asset) if the Plan has taken an uncertain position that more likely than not would not be sustained upon examination by the IRS. The Plan administrator has analyzed the tax positions taken by the Plan and has concluded that as of December 31, 2022, there are no uncertain positions taken or expected to be taken that would require recognition of a liability (or asset) or disclosure in the financial statements. The Plan is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress.
(6) | Risks and Uncertainties |
The Plan invests in various marketable securities. Marketable securities are exposed to various risks, such as interest rate, market and credit. Due to the level of risk associated with certain marketable securities and the level of uncertainty related to changes in the value of marketable securities, it is at least reasonably possible that changes in values of marketable securities in the near term would materially affect participants’ account balances and the amounts reported in the statements of net assets available for benefits and the statement of changes in net assets available for benefits.
(7) | Related Parties and Party-in-Interest Transactions |
The Plan invests in shares of mutual funds, a money market fund, and common collective trusts managed by an affiliate of the Trustee and, therefore, transactions in such investments, as well as loans made to participants, qualify as party-in-interest transactions, which are exempt from the prohibited transaction rules. Additionally, the Plan has a number of service providers, which qualify as parties-in-interest. Fees paid by the Plan to parties-in- interest amounted to approximately $739,000 and $669,000 for the years ended December 31, 2022 and 2021, respectively.
The Plan also invests in the Class B common stock fund of Berkshire Hathaway. The Plan had purchases of approximately $1,204,000 and $1,171,000 of Berkshire Class B Common Stock Fund during the years ended December 31, 2022 and 2021, respectively. The Plan had approximately $606,000 and $420,000 of sales of the Berkshire Class B Common Stock Fund during the years ended December 31, 2022 and 2021, respectively.
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