Box 13 of my W-2 was incorrectly checked "retirement plan." What can I do if my former employer refuses to correct it?

[MicheleR · Accepted solution]

If by the end of February, your attempts to have the Form W-2, Wage and Tax Statement, corrected by your employer are unsuccessful, you can request that an IRS representative initiate a Form W-2 complaint. Call the IRS toll free at 800-829-1040 or visit an IRS Taxpayer Assistance Center (TAC). All TACs operate by appointment only.

• The IRS will send your employer a letter requesting that they furnish you a corrected Form W-2 within ten days. The letter advises your employer of their responsibilities to provide a correct Form W-2 and of the penalties for failure to do so.
• The IRS will send you a letter with instructions and Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. You can use the Form 4852 in the event that your employer doesn't provide you with the corrected Form W-2 in time to file your tax return.

Please see this IRS link for more information: IRS website on uncorrected W-2s.