TikTok Creator Fund tax reporting under new US entity: 1099 and W-9 questions after Oracle/Silver Lake deal

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Started by AttorneyMark_3 · Mar 3, 2024 · 756 views · 54 replies
For informational purposes only. Tax law varies by jurisdiction and individual circumstances. Consult a qualified CPA or tax attorney for advice specific to your situation.
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AttorneyMark_3 OP

EDIT: added more context below. I have ~500K followers on TikTok and earned about $47K from the Creator Fund in 2025. Now that the Oracle/Silver Lake deal closed on January 22 and TikTok is operating under a new US joint venture structure, I'm confused about how this affects my tax reporting for 2025 and going forward.

Specific questions:

  • Will my 2025 1099-NEC come from ByteDance or the new TikTok US entity? The deal closed mid-January so it's unclear which entity is responsible for 2025 earnings.
  • Do I need to submit a new W-9 to the new entity? I haven't gotten any notification from TikTok about this.
  • For 2026 earnings, will payments now come from TikTok US LLC instead of ByteDance Inc? Does this change anything about how I report the income?
  • I've seen creators saying the new entity structure means we're now "employees" of a US company — is that true or is it still 1099 contractor income?

I'm a full-time creator and this is my primary income. I file quarterly estimated taxes and I want to make sure I'm not messing anything up with the entity transition. Any CPAs or tax attorneys who've looked into this?

PSL
pro_se_disaster_11

Non-compete update: the FTC's rule was blocked by the courts, so non-competes are still enforceable in most states. California is the exception — Business & Professions Code § 16600 makes virtually all non-competes void. If you're in CA and signed a non-compete, it's probably unenforceable sadly.

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skylar_tos_8

If you're behind on payroll taxes (the trust fund portion), be very careful. The IRS can assess a personal penalty against any "responsible person" — that includes officers, directors, and sometimes even bookkeepers.