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Regulation

Illinois agrees to six-month crypto tax delay pending court approval

Draft rules would charge customers on asset value rather than gains and cover paid custody, transfers and stablecoin settlement.

Illinois has agreed to a six-month pause on its crypto tax, subject to court approval, The Defiant reported. The draft rules show the levy would charge customers on asset value rather than gains and cover paid custody, transfers and stablecoin settlement.

The base deserves a second read. A charge on holdings rather than on profit does not require the holder to have made money, so a customer's paper position does not by itself decide the bill, and the coverage does not say whether value is struck on a fixed date, an average balance, or the movement of assets through an account; nor does it give the rate, the collection mechanism, or the date the charge would first apply. A six-month delay is a drafting window as much as a concession.

Paid custody appears among the covered activities, which places a service whose job is holding assets, not trading them, inside a tax instrument's definitions. That lands at an unusual moment: custody has spent the year becoming the regulated baseline for institutional digital assets, as this publication has argued, with bank charters and trust companies building the business while the SEC works on a proposed custody rule for advisers and funds. Illinois adds a frame those firms are less practiced at: a revenue department, rather than a prudential regulator, deciding what paid custody means for a tax bill.

Stablecoin settlement sits on the same list, where the federal vacuum is widest: with the Senate's Clarity Act dead at 49-50, market-structure definitions rest with the SEC and CFTC, which leaves agency guidance as the working text. State revenue codes are not the venue most of those firms planned for, which suggests the compliance boundary is now being drawn wherever a given instrument happens to land. A revenue department that writes settlement into a tax rule is producing a definition that firms operating in other states will have to reconcile with whatever the agencies publish later. Abroad, the FCA's authorization window carries a Feb. 28, 2027 continuity deadline, so firms there are working to a regulator's calendar rather than a legislature's.

Until a court approves the pause, the six months are contingent and the rules remain drafts; for now, Illinois customers and the custodians and settlement providers the rules name are working from an unfinished document, on a clock that has not been cleared to start. The coverage does not identify the court or the parties involved.

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The Defiant — Institutional
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