Title 10, Chapter 1, Section 253
( 10-1-253)
For the purposes of this article, "cost" shall be computed as
follows: (1)(A) When product is purchased by a person from an independent
entity, the lowest invoice cost to the person from the
independent entity for product of like grade and quality within
15 days prior to the date of resale of the product by the
person; or (B) When product is purchased by a person from a related entity,
the lowest transfer price charged to the person for product of
like grade and quality within 15 days prior to the date of
resale of the product by the person, provided that the transfer
price is reasonable; or (C) If neither subparagraph (A) nor (B) of this paragraph
applies, the lowest posted or published wholesale price of all
sellers of product of like grade and quality normally serving
the geographic area in which the person is located during the 15
days prior to the date of resale of the product by the person;
plus (2) A reasonable cost of doing business as determined pursuant to
generally accepted accounting principles; plus (3) Freight charges and any credit against federal or state motor
fuel or sales tax not already included in the invoice cost,
transfer price, or lowest posted or published wholesale price of
the product; less (4) All trade discounts, allowances, or rebates actually granted
to the person on the product; provided, however, such trade
discounts, allowances, or rebates are received on proportionally
equal terms by all other customers competing in the distribution
of such products. |