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986A. Payment made without deduction of income tax.
(1) This section applies to emoluments in respect of which an employer, on the making of a payment of those emoluments to an employee, fails to deduct and remit income tax in accordance with this Chapter or regulations made under this Chapter where -
(a) the emoluments do not form part of a qualifying incentive within the meaning of section 112B, and
(b) the emoluments are not subject to an agreement under section 985B,
and the employer -
(i) has not deducted income tax in respect of any emoluments paid to the employee, or
(ii) has disguised, by omission or otherwise, the making or the nature of the payment in its books or records.