Key facts
- Crypto groups are seeking an injunction to block Illinois's 0.2% digital asset tax.
The Crypto Council for Innovation and Blockchain Association have filed a motion for a preliminary injunction to block Illinois's 0.2% digital asset tax, arguing it is unconstitutional and would impose costly compliance burdens.
The lawsuit highlights ongoing legal challenges to state-level cryptocurrency taxation, potentially setting a precedent for how digital assets are regulated and taxed across the U.S. and impacting compliance costs for crypto firms.
The Crypto Council for Innovation (CCI) and Blockchain Association (BA) are seeking to block Illinois from enforcing a 0.2% tax on cryptocurrency transactions before it takes effect in January 2027. The trade groups filed a motion for a preliminary injunction in the Circuit Court of Sangamon County, Illinois, arguing the tax is unconstitutional and would impose costly compliance burdens.
"Companies are being asked to spend millions to build systems for a tax that violates their constitutional rights without answers to basic questions about what is taxed and when, all under the threat of criminal penalties," said Ji Hun Kim, CCI CEO. "These costs are being borne right now, against a Jan. 1 deadline, forcing companies to divert key resources and employees to a clearly unlawful tax."
The two groups previously filed a lawsuit challenging Illinois’ digital asset tax on the grounds it violated the US Constitution, the state’s constitution, federal and state due process laws and the federal Internet Tax Freedom Act. Illinois Governor JB Pritzker signed the measure into law as a “privilege tax” in June as part of the state’s fiscal year 2027 budget, requiring crypto users to be taxed as applied to transaction volume rather than income. Another trade group, the Digital Chamber, filed a similar suit days earlier.
"The state loses very little by waiting. Everyone else loses a great deal by forging ahead. And if this Act stands, Illinois will not be the last state to try it," said Summer Mersinger, CEO of the Blockchain Association.
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