My previous employer messed up my FSA in 2015 (see this question for more context if you are curious).

I have noticed in filing taxes that my W-2 unfortunately is also incorrect, showing FSA contributions matching their mistake. This means it is showing I had a dependent care FSA contribution (and no medical FSA).

I have contacted my previous company's payroll department about this, however they seem to believe it was someone else's mistake. They are trying to have me contact my 401k provider, which is different than my FSA provider (??).

The IRS shows that after February 14th I can contact them regarding an employer who does not issue a corrected W-2. Obviously I would like to avoid doing this as it seems a bit like the "nuclear" button.

However, I am unsure what is a reasonable amount of time to wait and energy to expend on trying to resolve this prior to contacting the IRS. It took many weeks and many phone calls/emails on my part to resolve the situation with my FSA in the first place and I would like to file my taxes sooner rather than later.


"Reasonable" is a bit of a judgement call. I can answer that the one time that I needed a correction, I got it within 3 days. Someone in payroll just got a W-2c and wrote it out long-hand. My correction was simple, however, and the company not so big. If there's a dispute about what correction to apply, for example, rather than just the mechanics of issuing a correction for an acknowledged mistake, I guess it could take more time.

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