Illinois Blockchain Tax Hit With Lawsuit Claiming Unconstitutional Targeting of Crypto
Illinois Blockchain Tax Hit With Lawsuit Claiming
A major crypto trade group has taken Illinois to court over a new tax on digital assets. The group says the law treats blockchain transactions unfairly and breaks basic rules in the U.S. Constitution.
What the New Tax Does
Starting in 2027, Illinois plans to charge a 0.2 percent tax on many digital asset deals. This covers trades, transfers, custody, and wallet services handled by brokers. The state expects the tax to bring in about 60 million dollars each year. Unlike regular capital gains taxes that hit profits, this one applies to the transaction itself.
The rule was added to the state budget at the last minute. It applies to any broker that makes at least 100,000 dollars from Illinois customers. Location can be tracked through IP addresses, mailing info, or account details.
The Lawsuit and Main Arguments
The Digital Chamber filed the case in Sangamon County court. The group wants the court to stop the law before it starts. Their main point is simple: the tax singles out blockchain technology instead of taxing the actual economic activity.
They argue that the same deal should not face different taxes just because it uses blockchain to record ownership. The complaint says this creates an unfair system and could lead other states to tax new technologies like AI or cloud payments in the same way.
The group is not asking for special treatment. It wants the same rules that apply to stocks, bonds, and other assets.
Why the Timing Matters
The tax was passed as part of a large state budget. Crypto groups had warned lawmakers that the idea needed more study and open debate. Instead, it slipped in overnight. Similar concerns came from other industry voices who compared the tax to charging extra for email instead of regular mail.
Outside Illinois, federal leaders are still working on national crypto rules. This state move stands out because no other state has a similar financial transaction tax on digital assets.
What Happens Next
If the lawsuit succeeds, the tax could be blocked. If it fails, brokers will need to register, collect the tax as a separate line item, keep records, and file monthly reports. Routine moves like sending coins from a personal wallet to an exchange could create extra taxable events.
The case is now in the hands of the courts. It will test whether states can tax people differently based on the technology they use for normal financial activity.
Businesses and users in Illinois and beyond are watching closely. The outcome could shape how other states approach crypto taxes in the coming years.