Cryptoassets Regulatory Intelligence cryptoassets.gi
US-IL v13.3.0
content: ai_generated legal review: never_reviewed (informational) publication gate: 1 failing10 sources retrieved model claude-sonnet-5 · 2026-08-05

Illinois, USA

US-IL schema crypto-v2.0.0 trajectory: not yet assessedin transitionoverlaps: FIM, WPM

Last updated · 8 categories · 24 sourced findings · 15 sources in the cumulative register

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Jurisdiction lead brief

Lead Signal

Illinois has enacted what is being treated as the first state-level transaction tax aimed specifically at digital-asset activity: a 0.2% levy on digital-asset transfers, created by the Digital Asset Tax Act (Senate Bill 3019) as part of the FY2027 Illinois budget and enacted June 16, 2026. The obligation attaches to digital-asset brokers with Illinois nexus exceeding $100,000 in receipts and is scheduled to take effect January 1, 2027. Its reach is explicitly nexus-based rather than presence-based: a remote, out-of-state broker crossing the $100,000 Illinois-receipts threshold falls within the collection obligation regardless of physical presence in the state, which gives the statute a de facto cross-border reporting character for any platform serving Illinois residents from outside Illinois. The tax's path to that 2027 effective date is not settled. House Bill 5798, introduced June 22, 2026, would repeal the Act in its entirety, and The Digital Chamber has filed suit seeking to have the Act declared void, so near-term compliance planning for any Illinois-nexus broker rests on a genuinely contested legal foundation rather than a stable rule. Compounding the uncertainty, no Illinois Department of Revenue bulletin on the Act has yet been retrieved -- the administrative record here is currently built on tax-advisory and trade-press corroboration rather than a primary regulator statement, a documented sourcing gap rather than a settled interpretive question. Taken together with the state's simultaneous build-out of a digital-asset business licensing regime, this cycle marks Illinois as a jurisdiction tightening on two independent fronts -- taxation and licensing -- at the same time, rather than settling into one coherent framework.

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#

Illinois historically regulated crypto only through its general Transmitters of Money Act (TOMA), under which 2017 IDFPR guidance held that digital currency is not 'money' but that fiat-to-crypto exchange/kiosk activity triggers a TOMA money-transmitter license. This changed materially in August 2025 when Illinois enacted two bespoke crypto statutes: the Digital Assets and Consumer Protection Act (SB 1797), giving IDFPR direct licensing/oversight authority over digital asset businesses and exchanges, and the Digital Asset Kiosk Act (SB 2319), a registration regime for crypto ATM/kiosk operators. Implementing rules, licensee lists, and precise operative dates for the new regime have not been independently confirmed in this pass, so the seed's caution against assuming a bespoke licence is now superseded and flagged for verification.

Standing sub-brief342 words · last cycle 2026-08-19

Crypto Licensing

Illinois is building out a digital-asset business licensing perimeter along two concurrent tracks. The Digital Assets and Consumer Protection Act (DACPA) requires any digital-asset business that issues, exchanges, transfers, or stores digital assets for Illinois customers to register with the Illinois Department of Financial and Professional Regulation (IDFPR), with full licensing requirements phasing in through July 1, 2027. That registration obligation is live now; the full licensing regime is not yet in force. Running alongside DACPA, virtual-currency exchange activity in Illinois has for some time been treated as money transmission requiring licensure, a treatment that continues rather than is displaced by the modernized Uniform Money Transmission Modernization Act (UMTMA), effective January 1, 2026. For a business whose activity constitutes both a DACPA-covered digital-asset business and a UMTMA-covered money-transmission business -- likely the case for many virtual-currency exchangers operating in the state -- neither statute's text nor any IDFPR guidance retrieved this cycle clarifies whether the two obligations run concurrently, whether one licensing track substitutes for the other for overlapping activity, or how supervisory examination would be coordinated between the two regimes. This is a genuine, currently unresolved compliance question rather than a settled interaction, and it is the central reason the module's traffic light sits at amber rather than green: a licensing framework exists and is being actively built out, but its internal coherence for an in-scope business is not yet established.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (5)
  1. T4 · CoinDeskCoinDesk — Digital currency businesses whose activities meet IDFPR's definition of money transmission (e.g., exchanging digital currency for money through a third-party exchanger or automated machine) must secure a TOMA license.retrieved M4bindingin force
  2. T4 · CoinDeskCoinDesk — IDFPR's 2017 guidance clarified that digital currency is not captured under the definition of 'money' in TOMA, and that mining, crypto-to-crypto exchange, and certain party-to-party exchanges are excluded from money-transmission licensure.retrieved M3bindingin force
  3. T4 · The BlockThe Block — The Digital Assets and Consumer Protection Act (SB 1797), signed by Governor Pritzker in August 2025, grants IDFPR authority to license and supervise digital asset businesses and exchanges, requiring sufficient financial resources, cybersecurity/anti-fraud measures, and investment disclosures.retrieved M5bindingin force
  4. T4 · The BlockThe Block — IDFPR has not yet published a publicly confirmed set of finalized digital-asset licensing rules or a public licensee registry under DACPA, indicating the new regime remains in an implementation/transitional phase as of mid-2026.retrieved M3non-bindingour coverage gap, expected to resolve on a re-run
  5. T4 · The BlockThe Block — The Digital Asset Kiosk Act (SB 2319), signed August 2025, requires crypto kiosk/ATM operators to register with Illinois state regulators, establish live customer service, adopt anti-fraud/compliance policies, and designate a compliance officer and a consumer protection officer.retrieved M4bindingin force

#

Illinois has not enacted a state-level token taxonomy; token characterization is governed exclusively at the federal level. 2026 SEC interpretive guidance distinguishes digital commodities (e.g., BTC, ETH), digital securities/tokenized securities, digital tools, digital collectibles, and stablecoins, while the federal GENIUS Act separately provides that compliant payment stablecoins are generally not securities. This module's category enum does not map cleanly onto the SEC's 'digital commodity' concept, so such assets are tagged 'unclassified' pending a closer fit.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (3)
  1. T1 · U.S. Securities and Exchange CommissionU.S. Securities and Exchange Commission — Under 2026 SEC interpretive guidance, crypto assets such as Bitcoin and Ether are characterized as 'digital commodities' that are not securities; this federal characterization governs regardless of Illinois licensing status and has no direct analog in Illinois state law.retrieved M3non-binding
  2. T1 · U.S. Securities and Exchange CommissionU.S. Securities and Exchange Commission — A payment stablecoin used as a means of payment or settlement is, subject to the terms of the federal GENIUS Act, generally not a security; other stablecoins may be securities depending on their features.retrieved M4bindingin force
  3. T1 · U.S. Securities and Exchange CommissionU.S. Securities and Exchange Commission — A digital security (tokenized security) is a financial instrument that meets the federal definition of 'security' and remains subject to SEC registration and disclosure requirements irrespective of Illinois state law.retrieved M4bindingin force

#

Illinois has not enacted state-specific statutes addressing staking, DeFi lending, DEX operation, mining, node operation, validator activity, or tokenization as distinct on-chain categories. DACPA's scope targets custodial digital-asset businesses and exchanges rather than protocol-level activity, and 2017 IDFPR guidance expressly excluded miners from money-transmission licensure. This module is emitted with narrow claims reflecting the absence of a dedicated regime.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

Sources and findings (2)
  1. T4 · CoinDeskCoinDesk — IDFPR's 2017 guidance excludes miners receiving digital currency for verifying transactions from Illinois money-transmission licensure, and no subsequent Illinois statute has imposed mining-specific licensing.retrieved M2non-binding
  2. T4 · The BlockThe Block — No Illinois-specific statute or IDFPR guidance has been identified that separately addresses the regulatory treatment of staking, DeFi lending, or DEX activity; these remain governed, if at all, only by general federal securities/commodities frameworks.retrieved M2non-bindinga fact about the regime

#

Illinois has not enacted a separate state-level stablecoin issuance regime. Payment stablecoin issuance, reserve, redemption, and disclosure obligations for issuers serving Illinois customers are governed by the federal GENIUS Act (signed July 18, 2025), whose implementing regulations are still being developed by federal agencies.

Standing sub-brief161 words · last cycle 2026-08-19

Stablecoin Regime

Illinois has no dedicated stablecoin reserve or redemption requirement in statute. A stablecoin issuer meeting DACPA's general issue/exchange/transfer/store criteria for digital-asset businesses would likely be captured incidentally by DACPA's general licensing framework, but no stablecoin-specific prudential rule exists independent of that general capture. The one concrete stablecoin-adjacent development this cycle is DACPA's amendment of the Corporate Fiduciary Act (205 ILCS 620), which now permits state-chartered trust companies to act as digital-asset fiduciaries -- a narrow expansion of custodial capacity under Illinois banking law rather than a stablecoin-specific reserve or redemption regime.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (3)
  1. T4 · The BlockThe Block — The federal GENIUS Act establishes an authorisation framework for payment stablecoin issuers operating in the U.S., including those serving Illinois customers; Illinois has not enacted a separate state-level stablecoin issuance regime.retrieved M4bindingenacted not yet effective
  2. T4 · The BlockThe Block — GENIUS Act key provisions require payment stablecoin issuers to maintain 100% reserve backing with liquid assets like U.S. dollars or short-term Treasuries.retrieved M4bindingenacted not yet effective
  3. T4 · The BlockThe Block — GENIUS Act key provisions require payment stablecoin issuers to provide monthly public disclosures of reserve composition.retrieved M3bindingenacted not yet effective

#

Illinois' 2025 crypto statutes introduce bespoke consumer-protection obligations distinct from generic TOMA money-transmission rules: DACPA requires investment disclosures and customer-service parity with traditional financial services for IDFPR-regulated digital asset businesses, while the Digital Asset Kiosk Act imposes fee caps, transaction limits, and dedicated compliance/consumer-protection officer roles on kiosk operators.

Standing sub-brief274 words · last cycle 2026-08-19

Consumer Protection

Illinois consumer protection for digital-asset activity is developing on two separate timelines. Under DACPA, customer-asset safeguards and investment disclosures for registered digital-asset businesses must be in place by January 1, 2027 -- protections that, like DACPA's full licensing requirement, are enacted but not yet in force, and whose practical content (the specific safeguard and disclosure standards IDFPR will apply) is not yet operative for supervised firms. Running on a separate and already-active timeline, the Virtual Currency Kiosk Consumer Protection Act (Senate Bill 2319), signed August 18, 2025, creates dedicated consumer-protection requirements for crypto ATM and kiosk operators specifically, a narrower category of activity than the general digital-asset business population DACPA targets. SB 2319's protections are in force now, having taken effect at signing, giving Illinois an immediately operative consumer-protection layer for the kiosk channel even while the broader DACPA custody and disclosure framework remains in its phase-in period. The practical effect for this cycle is a two-speed consumer-protection regime: kiosk-specific protections are live today, while the more general custody-safeguard and disclosure framework that would apply across the wider digital-asset business population will not bind until 2027.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (4)
  1. T4 · The BlockThe Block — The Digital Assets and Consumer Protection Act requires IDFPR-regulated digital asset businesses/exchanges to provide investment disclosures and customer service standards on par with traditional financial services.retrieved M4bindingin force
  2. T4 · The BlockThe Block — Specific custodial-segregation standards under DACPA's implementing rules have not been publicly confirmed as of this research pass.retrieved M3non-bindingour coverage gap, expected to resolve on a re-run
  3. T4 · The BlockThe Block — The Digital Asset Kiosk Act requires kiosk operators to establish live customer service and designate a compliance officer and a consumer protection officer.retrieved M3bindingin force
  4. T4 · The BlockThe Block — The Digital Asset Kiosk Act caps kiosk transaction fees at a maximum of 18% and limits daily transactions for new customers to $2,500.retrieved M4bindingin force

#

Illinois enacted the Digital Asset Tax Act (DATA) on June 16, 2026 as part of the FY2027 budget, imposing a novel 0.2% transaction-based levy on 'digital asset business activity' distinct from income or capital-gains taxation. Federal law separately treats virtual currency as property for income-tax purposes, which Illinois follows via its conformity to federal adjusted gross income. DATA is under active legal challenge (The Digital Chamber's July 21, 2026 lawsuit) and has drawn sharp federal regulatory criticism; its effective date is January 1, 2027.

Standing sub-brief305 words · last cycle 2026-08-19

Tax Treatment

The Digital Asset Tax Act (Senate Bill 3019), enacted June 16, 2026 as part of the FY2027 Illinois budget, imposes a 0.2% transaction tax on digital-asset transfers, with the collection obligation falling on digital-asset brokers whose Illinois nexus exceeds $100,000 in receipts. The obligation is scheduled to take effect in 2027. This is being treated as a first-of-its-kind mechanism at the state level, and its novelty is precisely what drives the module's red traffic light: the tax is not merely new but actively contested. House Bill 5798, introduced June 22, 2026, would repeal the Act in its entirety, and The Digital Chamber has filed suit seeking to have the Act declared void -- meaning any broker planning around the 2027 collection date is planning around a rule whose survival to that date is genuinely uncertain, not a settled compliance requirement with an open implementation question. Compounding this, no T1 bulletin from the Illinois Department of Revenue on the Act's administration has been retrieved this cycle; the current evidentiary basis rests on T3 tax-advisory and trade-press corroboration (including reporting that the tax has drawn strong industry objection), which is a documented sourcing gap for a fact set this consequential rather than a closed research question.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (5)
  1. T4 · CoinDeskCoinDesk — Illinois' Digital Asset Tax Act (DATA), enacted June 16, 2026, imposes a 0.2% tax on 'receiving any digital asset business activity,' defined as any single occurrence of exchanging, transferring, or storing a digital asset as part of a business or on behalf of a customer, collected by digital asset service providers akin to a sales/transaction tax.retrieved M5bindingenacted not yet effective
  2. T4 · CoinDeskCoinDesk — DATA applies to firms based in Illinois or providing digital-asset services to Illinois residents with total gross receipts of at least $100,000, and requires such firms to collect and remit the tax.retrieved M4bindingenacted not yet effective
  3. T4 · The BlockThe Block — DATA is not designed to tax direct peer-to-peer wallet-to-wallet transfers between individuals or onchain use cases bypassing centralized service providers, though industry groups have flagged ambiguity in the statutory text on this scope.retrieved M3bindingenacted not yet effective
  4. T4 · CoinDeskCoinDesk — The Digital Chamber (TDC) filed a lawsuit on July 21, 2026 seeking to block DATA from taking effect, alleging violations of the U.S. and Illinois constitutions and preemption by the federal Internet Tax Freedom Act.retrieved M4non-binding
  5. T4 · CoinDeskCoinDesk — Under federal guidance (IRS Notice 2014-21), virtual currency is treated as property rather than currency for federal tax purposes, so sales or exchanges of crypto assets by Illinois taxpayers generally give rise to capital gains or losses that flow through to Illinois individual income tax via the state's conformity to federal adjusted gross income.retrieved M3bindingin force

#

Illinois does not maintain a distinct state-level cross-border/international crypto-transfer regime; outbound and international transfer restrictions derive solely from federal OFAC sanctions and BSA/FinCEN frameworks. Separately, DATA's $100,000 gross-receipts nexus threshold creates an interstate reporting/remittance obligation for out-of-state digital asset businesses serving Illinois residents, which functions similarly to a cross-border reporting trigger even though it is domestic (interstate) rather than international in scope.

Standing sub-brief194 words · last cycle 2026-08-19

Cross-Border Transfer

Illinois does not have a general cross-border digital-asset transfer restriction regime, but the Digital Asset Tax Act's nexus-based collection threshold functions as a de facto cross-border trigger for remote brokers. Brokers exceeding $100,000 in Illinois-derived receipts fall within the tax's collection obligation regardless of whether they maintain any physical presence in the state, meaning an out-of-state or international digital-asset platform serving Illinois residents can be drawn into an Illinois compliance obligation purely on the basis of revenue nexus. This module's evidence base this cycle consists of a single claim derived from the same tax-treatment source material rather than a dedicated cross-border statute or regulator statement, so the finding should be read as a secondary effect of the tax regime rather than a standalone cross-border framework.

No new data since the standing brief. 1 periodic run re-emitted it unchanged.

Sources and findings (2)
  1. T4 · The BlockThe Block — No Illinois-specific outbound restriction on international crypto asset transfers has been identified beyond generally applicable federal OFAC sanctions and BSA/FinCEN obligations.retrieved M2non-bindingour coverage gap, expected to resolve on a re-run
  2. T4 · The BlockThe Block — DATA's $100,000 Illinois-gross-receipts nexus threshold creates a reporting and remittance obligation for out-of-state digital asset businesses serving Illinois residents, independent of physical presence in the state.retrieved M3bindingenacted not yet effective

#

Crypto AML/CFT obligations applicable to Illinois-based or Illinois-serving digital asset businesses (KYC/CDD, travel rule, SAR/STR reporting, sanctions screening, record-keeping, risk assessment) are governed under the fleet's shared Financial Integrity Module (FIM) aml_ctf baseline via the federal Bank Secrecy Act/FinCEN framework. Per module subscription rules, no aml_ctf claims are produced in this crypto baseline. As disambiguation context only: FinCEN's August 2025 notice on convertible-virtual-currency kiosks specifically flagged Illinois/Chicago as a locus of illicit-proceeds laundering via CVC kiosks, which is relevant background for the Illinois Digital Asset Kiosk Act but is not itself a crypto-consumer AML claim.

Absence reason not determinableNo sub-brief exists and the JID records no gap or review marker explaining why. The renderer will not invent a reason.

no periodic updates on record for this sub-brief

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Publication gate

Blocking. 1 failing check(s).

schema_validFAIL
min_quoted_text_presentwaived — floor 0%
egress_verifiedpass
every_practical_object_has_source_idn/a — no subject in this jurisdiction
source_tier_integrity_okpass
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tier_a_b_national_primary_pct30.0
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Editorial metadata for Illinois, USA
FieldValue
trust.lawyer_review.statusnever_reviewed
trust.lawyer_review.reviewerno reviewer on record
trust.content_sourceai_generated

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