The Senate recently voted 79–20 in a show of support for repealing the medical device excise tax, but legislation to actually repeal the tax still does not appear likely in the near term.

The 79–20 vote occurred on an amendment to the Senate budget resolution. The amendment would simply reserve space in the budget for future repeal of the medical device excise tax but would not repeal the tax itself. In addition, the House and Senate passed very different budgets and are not expected to agree on a unified resolution. Even if a resolution was reached, budgets are not signed by the president and do not have the force of enacted law. They merely set spending and revenue targets and rules for the congressional session, and are best seen as vision documents that state what Congress would like to accomplish.

The Senate vote is just a show of support for repealing the medical device excise tax, and there are still many reasons why repeal appears unlikely. The president strongly opposes repealing portions of health care reform, and key tax writers generally viewed the budget amendment as a "show vote." It would be more difficult for senators to actually vote on a repeal bill, especially because repeal is projected to cost $30 billion. Tax writers in both chambers have also warned that they do not plan to move any tax bills until the tax reform effort is exhausted.

The resolution in favor of repealing the medical device excise tax did show strong bipartisan support in the Senate for repeal, but repeal remains unlikely for now.

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