HSA Contribution Instead of FSA on W2

[gevans79]

My employer issued me a W2 that has an HSA contribution coded in box 12a (W) but I do not have a HSA.  Instead, we have an FSA.  I understand that if I have this contribution on my W2 that I must report it on form 8889.  I have asked my employer to reissue the W2 but their CPA is telling them that it doesn't matter and won't be a problem and told me to file my return as it is.  I don't feel comfortable filing as it is and reporting an HSA that I did not contribute to, but is it okay to omit this entirely and file my taxes correctly, even though the W2 reported to the IRS has this HSA designation?

[LeticiaF1]

FSA contributions should not be reported on Form W-2 Box 12.  Per the IRS instructions for Form W2, Code W on Box 12 is to report Employer contributions (including amounts the employee elected to contribute using a section 125 (cafeteria) plan) to your health savings account.  If you have an FSA, your employer should correct your Form W2. 

If your employer will not correct your Form W2 even after you contact them and request a correction, you can contact the IRS and start a Form W2 complaint.   You can call them at 800-829-1040 or set up an appointment to visit an IRS taxpayer assistance center (TAC). 

The IRS will send your employer a letter requesting that they issue you a corrected W2 within ten days.  they will also send you a letter with information on how to complete Form 4852, Substitute for Form W-2, Wage and Tax Statement. You can use this form in case your employer does not correct it and issue you a corrected W2. 

Please reach back if you have additional questions.  

[gevans79]

That’s what I thought also.  This is what someone at Intuit told them when they asked them. They use Quickbooks is why they asked them about it.

This is what intuit said:

those amounts were not included (reduced) in the wages when they were applied to BOX 12a CODE W from the wages. The 125_medcare plan code is only to reduce the wages and would not report to any boxes. So that means that what you are wanting or were trying to do is incorrect since the only thing that would change are the wages being reported. I don’t see a need to amend since it would only be removing box 12 CODE W.