BERKSHIRE HATHAWAY INC (0001067983)

BERKSHIRE HATHAWAY INC (0001067983)

SIC: 6331 - FIRE, MARINE & CASUALTY INSURANCE State location: NE | State of Inc.: DE | Fiscal Year End: 1231 formerly: NBH INC (filings through 1999-01-05)   (Assistant Director Office No 1) As filed with the Securities and Exchange Commission on April 3, 2009 Registration No. 333-[          ] UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549   FORM S-4 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933   Berkshire Hathaway Finance Corporation (Exact name of Registrants as Specified in their Charter)         Delaware   45-0524698 (State or Other Jurisdiction of Incorporation or Organization)   (I.R.S. Employer Identification Number)   Berkshire Hathaway Inc. (Exact name of Registrants as Specified in their Charter)         Delaware   47-0813844 (State or Other Jurisdiction of Incorporation or Organization)   (I.R.S. Employer Identification Number) 3555 Farnam Street Omaha, Nebraska 68131 (402) 346-1400 (Address, Including Zip Code, and Telephone Number, Including Area Code, of Registrants’ Principal Executive Offices)     Marc D. Hamburg Berkshire Hathaway Inc. 3555 Farnam Street Omaha, Nebraska 68131 (402) 346-1400 (Name, Address, Including Zip Code, and Telephone Number, Including Area Code, of Agent for Service)     Copies To:   Mary Ann Todd Munger, Tolles & Olson LLP 355 South Grand Avenue Los Angeles, California 90071-1560 (213) 683-9100        Approximate date of commencement of proposed exchange offer:  As soon as practicable after the effective date of this registration statement.        If the securities being registered on this form are being offered in connection with the formation of a holding company and there is compliance with General Instruction G, check the following box.  o        If this form is filed to register additional securities for an offering pursuant to Rule 462(b) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.  o        If this form is a post-effective amendment filed pursuant to Rule 462(d) under the Securities Act, check the following box and list the Securities Act registration statement number of the earlier effective registration statement for the same offering.  o        Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of large accelerated filer, accelerated filer and smaller reporting company in Rule 12b-2 of the Exchange Act. (Check one):                     þ Large accelerated filer   o Accelerated filer   o Non-accelerated filer   o Smaller reporting company             (Do not check if a smaller reporting company)           CALCULATION OF REGISTRATION FEE                                         Proposed Maximum     Proposed Maximum     Amount of Title of Each Class     Amount to     Offering Price     Aggregate Offering     Registration of Securities to be Registered     be Registered     Per Note(1)     Price(1)     Fee 5.40% Senior Notes due 2018     $250,000,000     100%     $250,000,000     $13,950.00 4.000% Senior Notes due 2012     $750,000,000     100%     $750,000,000     $41,850.00 Guarantee of Berkshire Hathaway Inc. of the (i) 5.40% Senior Notes due 2018 and (ii) 4.000% Senior Notes due 2012     N/A     N/A     N/A     — Total:     $1,000,000,000     100%     $1,000,000,000     $55,800.00                             (1)  Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(f) under the Securities Act of 1933, as amended.   (2)  No separate consideration will be received for the Guarantee by Berkshire Hathaway Inc. of the (i) 5.40% Senior Notes due 2018 or (ii) 4.000% Senior Notes due 2012.   The registrants hereby amend this registration statement on such date or dates as may be necessary to delay its effective date until the registrants shall file a further amendment which specifically states that this registration statement shall thereafter become effective in accordance with Section 8(a) of the Securities Act of 1933 or until the registration statement shall become effective on such date as the Commission, acting pursuant to said Section 8(a), may determine.