Illinois backs delay to crypto tax rule after months of industry pushback

The court had not been confirmed to have entered the order as of Oct. 4.

The move marks a shift in the immediate battle over a levy that crypto firms have spent months warning could raise compliance costs and push activity outside Illinois. The law remains in force, and the joint filing does not concede that it is unconstitutional or seek its repeal.

Instead, both sides would preserve their legal positions while delaying collection as the lawsuit and the state’s rulemaking process continue.

Illinois crypto tax burden moves back six months

Illinois enacted the Digital Asset Tax in June, imposing a 0.2% levy on the value of digital assets involved in certain covered transactions rather than on investors’ trading profits.

Draft rules from the Illinois Department of Revenue show how broadly that structure could reach. A fee-paid withdrawal from a broker to a self-custody wallet can qualify when the statutory conditions are met, while a direct transfer without a covered broker may fall outside the levy.

Brokers are responsible for collecting and remitting the tax and can remain liable when they fail to collect it. Customers face a separate fallback obligation: if the tax is not charged, they may have to calculate and pay the amount themselves by the 20th of the following month.