The U.S. state of Illinois is tightening its grip on the cryptocurrency sector. Governor J. B. Pritzker signed the Digital Asset Tax Act, which introduces a new 0.2% tax on selected activities related to digital assets. The measure is set to take effect on January 1, 2027, and has become part of a broader budget package for fiscal year 2027.
At first glance, it appears to be a relatively low rate. However, in the cryptocurrency world, where assets are frequently transferred, exchanged, stored, or managed across various platforms, even twenty basis points can have a significant impact. The law has therefore immediately triggered a sharp reaction from parts of the cryptocurrency industry. Some of its representatives are calling it one of the most anti-crypto pieces of legislation in the USA.
Table of contents:
- The tax is intended to target mainly exchanges, brokers, and asset managers
- Critics: the tax will also hit those who have no profit
- "The toughest digital tax in the country," claims part of the industry
- It resembles the dispute over the American "broker rule"
- Illinois already regulates cryptocurrencies more strictly than other states
The tax is intended to target mainly exchanges, brokers, and asset managers
The new tax is not intended to be collected directly from individuals on every private cryptocurrency transfer between two wallets. It formally targets primarily service providers, such as crypto exchanges, brokers, custodians, trading platforms, or wallet operators who enable customers from Illinois to exchange, transfer, or store digital assets.
In practice, however, critics warn that ordinary users will likely also bear the costs. As with other transaction or sales taxes, service providers may pass the new burden on through fees or service prices. For an investor, this could make it more expensive not only to purchase bitcoin or another cryptocurrency through an exchange, but potentially also some transfers or holding assets with a custodial provider.
Moreover, the law does not only apply to companies physically operating in Illinois. Its scope may also cover companies from other states if they serve customers from Illinois and exceed the established revenue threshold. This is precisely one of the reasons why so much uncertainty surrounds the new measure.
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Critics: the tax will also hit those who have no profit
The biggest objection from cryptocurrency organizations is directed at the fact that the tax is to be calculated on the value of digital activity, not just on realized profit. This is a fundamental difference from the usual tax view on investing, where capital gains or income are typically addressed.
Industry representatives therefore warn that users could be indirectly taxed even when they are merely moving cryptocurrency between services, exchanging one digital asset for another, or holding assets in custody. According to the Illinois Blockchain Association and other organizations, it is not sufficiently clear how exactly the law will function in individual situations.
This lack of clarity is among the main points of criticism. If the tax were applied too broadly, according to opponents, it could also affect cases where the user has not realized any economic gain. In theory, they could pay a fee even in situations where their position is at a loss.
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“The toughest digital tax in the country,” claims part of the industry
Several cryptocurrency and blockchain organizations have opposed the law, including the Crypto Council for Innovation, Digital Chamber, and Illinois Blockchain Association. Critics argue that Illinois is creating an unprecedented tax regime that could harm local users and businesses.
According to them, the new measure may deter technology companies from doing business in the state and send developers, investors, or cryptocurrency startups elsewhere. Illinois, meanwhile, is among the states that in recent years have tried to present themselves as a place open to innovation, especially around Chicago.
Sharp criticism was also added by Miles Jennings, Head of Policy & General Counsel at Andreessen Horowitz. He described the law as one of the most anti-crypto regulations in the USA and pointed out that, according to his interpretation, it may affect not only the purchase of cryptocurrencies but also their transfer or holding with a centralized provider.
Jennings also argues that cryptocurrencies are, in his view, singled out from standard financial treatment. He points out that a comparable state transaction tax on stocks, bonds, or derivatives in the United States has virtually no equivalent.
It resembles the dispute over the American “broker rule”
The new law from Illinois is reminiscent of a broader debate that took place in the USA around the so-called “broker rule.” This was a federal regulation following the 2021 infrastructure bill that expanded reporting requirements for entities involved in transactions with digital assets.
The cryptocurrency sector warned at the time that the rules were too broad, difficult to implement, and could affect even decentralized platforms, software, or services that do not have a traditional customer relationship and often do not possess the data needed for tax reporting. Critics also argued for privacy protection and the risk of innovation flight outside the USA.
Congress eventually repealed the rule in 2025 through the Congressional Review Act. Illinois is now going its own way at the state level. The difference is that this is not primarily about reporting obligations to the tax authority, but about the tax itself on digital activity.
Illinois already regulates cryptocurrencies more strictly than other states
The new tax does not come into a vacuum. Already in 2025, Illinois passed the Digital Assets and Consumer Protection Act and the Digital Asset Kiosk Act. These were intended to introduce stricter rules for cryptocurrency companies and crypto ATMs, particularly to protect consumers from fraud.
This previous regulation was accepted more reconcilably by parts of the industry, because according to industry representatives it emerged after consultations and contained compromises. The criticism of the new tax is significantly sharper. Organizations such as the Digital Chamber claim that this time there was a lack of meaningful debate with those who will be directly affected by the law.
There is also a difference in the logic of the two measures. While the state presented previous laws as consumer protection, the Digital Asset Tax Act is primarily a tax instrument. According to critics, Illinois is thus moving from risk regulation to targeted taxation of the entire sector.
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