On October 15, 2026, the U.S. Small Business Administration (SBA) said content creators can use the Motion Picture and Video Industries code (NAICS 5121) when working out small-business eligibility. It did not create a new creator code, and it did not change a brand's disclosure or contract obligations. But more creators may start contracting as businesses, so it is worth tidying your contract and payment paperwork now.
What did the U.S. SBA announce?
Pulling together the SBA release and trade coverage, three points matter. First, the SBA clarified that creator-led businesses can use NAICS 5121 for lending and contracting eligibility. Second, the SBA estimates about 27 million creator-led businesses in the U.S. (the SBA's estimate, not a figure we verified). Third, no dedicated creator code was created.
Does this change a brand's creator contracts?
Not directly. The guidance is about how creators qualify as small businesses for loans and government contracting. It does not set disclosure duties, tax paperwork or payment terms between an advertiser and a creator. Check tax and legal questions with a professional. What is practical to prepare for is a rise in creators asking to sign as a business rather than as an individual.
What does the November 20 comment deadline mean?
Per coverage, the SBA extended the comment period on its proposed size-standards rule by 60 days on September 24, to November 20, 2026. Some comments asked for a permanent industry exception for creators, and the SBA said it will consider them after the period closes. So the classification is not final. One report notes the Regulations.gov docket page still showed the original deadline, so confirm the date in the official document.
What should brands check now?
- Check whether your creator onboarding form asks who is contracting (individual or business), business details and tax-form status. Read it alongside our 1099 threshold checklist.
- For business-name contracts, confirm the signer's authority and that the payout account name matches the contracting entity.
- Keep the contract, draft approvals and payment records in one place. See our creator payment audit trail post.
- Do not use small-business status as a selection criterion. Choose creators on real performance data. Hyperstar shows real sales per piece of content in one place.
Sources: SBA release · netinfluencer.com (based on search excerpts; we could not read the full articles)
