Illinois has released draft rules for its 0.2% crypto transaction tax, including stablecoins and memecoins.
The tax is scheduled to take effect on January 1, 2027.
NFTs are excluded from the proposed digital asset tax rules.
The U.S. state of Illinois has released draft rules for its new 0.2% digital asset tax, giving crypto exchanges and other service providers more detail on how the levy could work when it takes effect next year.
The Illinois Department of Revenue (IDOR) posted the draft rules on September 28 and is accepting public comments through October 30, 2026. The rules have not yet been filed with the Secretary of State or submitted to the Joint Committee on Administrative Rules.
The underlying Digital Asset Tax Act was signed into law in June and is scheduled to take effect on January 1, 2027. It applies a 0.2% tax to the value of a digital asset involved in covered business activity received by an Illinois customer. Digital asset brokers are responsible for collecting the tax.
What the Draft Rules Cover
The proposed rules define taxable activity as the exchange, transfer or storage of digital assets through a business or for a customer. Exchanges include buying or selling crypto for dollars, trading one digital asset for another, converting fiat into crypto, converting crypto back into fiat and bridging assets between blockchains.
Transfers can also fall under the tax when a broker performs them for a fee. The draft specifically includes transfers between accounts belonging to the same customer when a digital asset broker facilitates the transaction for consideration. Direct peer-to-peer transfers without an intermediary are not covered.
The proposal also covers stablecoins and memecoins, while specifically excluding NFTs. Network or gas fees paid directly to miners and validators are not treated as taxable consideration. DeFi transactions generally fall outside the tax unless a platform receives qualifying fees, such as protocol fees.
The tax is based on the dollar value of the digital asset when the taxable activity is completed, rather than on whether the customer made a profit.
How It Compares With U.S. Federal Crypto Taxes
Illinois’ levy is separate from federal crypto taxation. The IRS treats digital assets as property, meaning sales and exchanges can create taxable capital gains or losses. Federal rules also require certain brokers to report digital asset transactions to the IRS through Form 1099-DA.
Illinois is currently the first U.S. state to enact a transaction-based tax specifically targeting digital asset activity. A separate Illinois bill, HB 5798, has been introduced to repeal the Digital Asset Tax Act, but it has not repealed the law.