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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchIllinois has agreed with two digital-asset industry groups to ask a court to postpone the state’s new 0.2% Digital Asset Tax Act until July 1, 2027. The tax has not yet been delayed by a court: reporting published October 2, 2026, said the request was still pending. Unless a judge grants it, the law’s scheduled start remains January 1, 2027.
What Illinois and the industry groups are asking for
The state and the Digital Chamber and Illinois Blockchain Association jointly asked a Sangamon County court to defer the tax’s start by six months, from January 1 to July 1, 2027. The requested preliminary injunction would pause implementation through July 1 unless the court changed or dissolved its order. As of the October 2 report, the court had not ruled. The request would give the parties time to brief and litigate the challenge; it does not settle the case or mean the court has accepted either side’s arguments. CoinDesk reported the agreement on October 1, and BlockchainReporter reported the pending request on October 2.
What the Digital Asset Tax Act covers
Illinois Public Act 104-0468 sets a tax of 0.2% of the value of covered digital asset business activity received by a customer in Illinois. A broker that makes or effects a covered activity must collect the tax. The statute’s activities include selling, transferring, and storing digital assets through a broker. Its definition of transfer includes moving an asset between a customer’s accounts or storage, as well as relinquishing control to another person. See the Illinois General Assembly’s enrolled act.
This is not a general personal income tax on cryptocurrency holdings or gains. The statute describes a tax on specified business activity and assigns collection to brokers. The January 1, 2027 date is the law’s scheduled start; July 1 is the date proposed in the court request, not an effective date established by a ruling.
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Why the groups challenged the law
The industry plaintiffs have raised arguments under both Illinois and federal law. The October 2 report describes claims involving state constitutional uniformity, due process, proportionate penalties and personal-property-tax protections, along with federal Commerce Clause, due process and Internet Tax Freedom Act arguments. These are allegations by the plaintiffs. The state defendants dispute them, and the available reporting does not establish that a court has ruled on the merits.
The associations had sought temporary relief earlier. CoinDesk reported that they asked the court on September 9 to stop implementation, citing compliance costs businesses were already incurring in preparation. Digital Chamber CEO Cody Carbone described the agreed request as relief from those obligations while the groups pursue repeal through the courts. That is the industry’s stated position, not a judicial finding.
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What the draft rules and comment deadline mean
On September 28, 2026, the Illinois Department of Revenue (IDOR) said it had posted draft proposed rules and was accepting comments through October 30, 2026. IDOR also said the drafts had not been filed with the Secretary of State or submitted to the Joint Committee on Administrative Rules. The notice describes a rulemaking process; it does not make the drafts final and is separate from the pending court request. Details are in IDOR’s draft-rules announcement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How this differs from federal digital-asset reporting
The Illinois law is a state tax on covered activity. The federal regime described by the U.S. Department of the Treasury and IRS is broker information reporting. Treasury and the IRS said brokers would report gross proceeds beginning in 2026 for sales made in 2025, and certain tax-basis information beginning in 2027 for sales made in 2026. They said the Infrastructure Investment and Jobs Act created reporting requirements, not a new tax on digital assets. Those reporting timelines do not determine whether Illinois’s tax takes effect or whether the court grants a delay. See the Treasury and IRS announcement of June 28, 2024.
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Quick Recap
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| Regime | What it does | Key dates and status |
|---|---|---|
| Illinois Digital Asset Tax Act | Taxes covered digital asset business activity at 0.2% of its value; brokers collect it. | Statutory start: January 1, 2027. A request to postpone it to July 1, 2027 remained pending in the October 2, 2026 report. |
| Federal broker reporting | Requires brokers to report specified transaction information; it is not the Illinois activity tax. | Treasury and IRS described gross-proceeds reporting beginning in 2026 for 2025 sales, and certain basis reporting beginning in 2027 for 2026 sales. |
What remains unsettled
- The requested delay: The court’s decision was still pending in the latest cited report, dated October 2, 2026.
- The lawsuit’s merits: The parties’ constitutional and statutory arguments had not been decided in the available reporting.
- The rulemaking: IDOR’s posted materials were draft proposed rules, not final rules; comments were due October 30, 2026.
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