@c2z4s9 wrote:
No matter what I do, TurboTax considers this money part of an HSA and fills out form 8889 incorrectly. My understanding is that I shouldn't be including a form 8889 at all.
Your employer is wrong, period. Employer contributions to health insurance are reported with code DD. Code W is used only for contributions to an HSA.
A Cafeteria plan is any of several benefits under section 125 where you agree to a reduction in salary, and your employer uses the difference (plus any employer match) to provide certain benefits. An HSA is only one of the benefits allowable under section 125. But health insurance premiums are under a different section of the tax law and are not reported with code W.
Start by sending the employer the instructions to the W-2 and ask in writing for a corrected W-2, and if they refuse, document their refusal in writing (saved email, text, whatever.). Then you can file using the procedure for submitting a "substitute W-2" because your W-2 is in error. The IRS may send a letter asking why you did not report your HSA contributions, you would reply with your proof and documentation that you don't have an HSA and did ask for a correction.
see the W-2 instructions page 20 and 21.
https://www.irs.gov/pub/irs-pdf/iw2w3.pdf
