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1 1 (February 18, 2020)

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'Technical Corrections to Tax Reform



Updated February 18, 2020
For some in Congress, technical corrections to the 2017 tax revision (commonly known as the Tax
Cuts and Jobs Act, or TCJA; P.L. 115-97) are a legislative priority. It is not always clear, however, what
is strictly a technical correction. This Insight highlights provisions that have been widely discussed as
technical corrections to the 2017 tax revision, starting with provisions in former Ways and Means
Committee Chairman Kevin Brady's 2019 technical corrections discussion draft. It then highlights
other fixes to the 2017 tax revision that might be considered, even if those fixes might fall outside the
scope of what would be considered by most to be a technical correction. Since this Insight was first
published on October 9, 2019, two of the provisions discussed have been addressed in recently enacted
legislation. These changes are noted below.
For some, there is an understanding that technical corrections are provisions that are generally
noncontroversial changes to the text of already enacted tax legislation to ensure that the law as enacted is
consistent with Congress's original intent. What some might consider a true technical correction would
also not affect revenue. However, there is no formal definition of a technical correction.


The Technical Corrections Discussion Draft

On January 2, 2019, Representative Brady released the Tax Technical and Clerical Corrections Act
Discussion Draft. The preamble of the draft notes that technical corrections are needed to properly
reflect the original Congressional intent of provisions that were included in P.L. 115-97 (as well as other
legislation). The discussion draft includes technical corrections that had been developed as of the January
2, 2019, release date, but acknowledges additional technical corrections may be identified in the future.
The Joint Committee on Taxation (JCT) also released a technical explanation of the discussion draft.
Representative Brady's discussion draft would address some of the technical corrections that have
garnered widespread media attention. Lawmakers in the 116th Congress have introduced stand-alone bills
to address some of the technical corrections that were included in the discussion draft. Representative
Brady's discussion draft also includes a number of technical corrections not included in stand-alone
legislation in the I 6th Congress.
The discussion draft would have made technical changes to the kiddie tax that would address concerns
regarding how certain military survivors' benefits have been taxed post-P.L. 115-97. This issue was


                                                                 Congressional Research Service
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