Employer will not agree to fix "Retirement Plan" check box on W-2, Box 13

[Polkadot1]

My employer does not offer a retirement plan.  Their accountant erroneously checked the "Retirement Plan" box on my W-2 in Box 13, and when I brought it up to them they seemed not to care.  I certainly don't expect them to issue a W-2C with no "X" in the Retirement Plan box.  Furthermore there is no entry in box 12a showing an amount deferred, since there is no retirement plan offered.

A person who posed "what should I do" relative to this same question in 2019 got the response that they should enter the W-2 information as received, whether it is correct or not.  Otherwise, they would get an audit letter. 

This issue is important because it impacts the deductibility of a Traditional IRA.  Is there really nothing that can be done if you have an employer that can't even be bothered with producing an accurate W-2?

[Bsch4477]

Call the IRS toll free at 800-829-1040 or make an appointment to visit an IRS Taxpayer Assistance Center (TAC). The IRS will send your employer a letter requesting that they furnish you a corrected Form W-2 within ten days.

[JohnB5677]

If your employer is not willing to correct the W-2, I suggest that you do not indicate that your employer has a retirement account, and that you do take the traditional IRA deduction that is within the limits.

• if your Modified Adjusted Gross Income (MAGI) is within the limit range it will not be a problem.
• If the MAGI dose exceed the limit range, you will get a notice. 
  • It will instruct you that you will have to withdraw part of your contribution.  
  • However, you will have the opportunity to present your case.
  • You can then confirm that your employer does not have a retirement plan.

If you do get a letter you can call toll-free at 1-800-829-1040 or visit a Taxpayer Assistance Center Local IRS Office