Anyone who, being legally obligated to keep commercial accounts, books, or tax records, fails to comply with this obligation under the direct assessment of tax bases, shall be punished with a prison sentence of five to seven months. This includes:
a) Completely disregarding said obligation.
b) Keeping separate sets of accounts that, relating to the same activity and fiscal year, conceal or misrepresent the true financial position of the company.
c) Failing to record business transactions, acts, operations, or, in general, economic transactions in the required books, or recording them with figures other than the true ones.
d) Making fictitious accounting entries in the required books.
The consideration as a crime of the factual scenarios referred to in paragraphs c) and d) above will require that tax returns have been omitted or that those submitted reflect their false accounting and that the amount, whether more or less, of the omitted or falsified charges or credits exceeds, without arithmetic compensation between them, 240,000 euros for each financial year.