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“This allows all the parties to litigate the matter and have a
court reach a resolution, hopefully in advance of that, so that
digital asset service providers and people using digital assets
in the state of Illinois don't have to worry about compliance
with the tax while it's still being challenged in court,”
Jonathan Schmalfeld, Director of Policy at The Digital Chamber,
told The Center Square.
The Digital Chamber filed a complaint on July 21, claiming the
tax violates both the Illinois and U.S. constitutions.
Schmalfeld said the parties can move forward with briefings from
early November to January or February.
“The goal would be to have this case resolved on the legal
merits by early spring of next year, and then it would move on
to any kind of appellate process or otherwise,” Schmalfeld said.
The Illinois Department of Revenue did not immediately respond
to The Center Square’s request for comment on the agreed
injunction.
The tax is part of the revenue package signed by Gov. J.B.
Pritzker last June after it cleared the General Assembly during
the final hours of the spring legislative session.
State Rep. John Cabello, R-Machesney Park, said, before
implementing a tax, lawmakers should face the people who will
pay for it.
“Hold a hearing. Let them testify. Explain what you’re doing
before it’s a done deal instead of passing it in the middle of a
night without a hearing,” Cabello said.
As of Monday, Cabello’s House Bill 5798 to repeal the digital
assets tax had 22 Republican cosponsors.
Cabello said the tax was meant to generate $60 million or more
in new revenue for the state. |
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