West Virginia Code § 47-11A-6

How cost determined
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(a) The term "cost" when applicable to the business of retailer shall mean bona fide cost
andshall mean: (i) The invoice cost of each separate or distinct product or item of
merchandise to the retailer to include applicable taxes, or the replacement cost thereof to
the retailer within 30 days prior to the date of sale, offer for sale, or advertisement for sale,
as the case may be, in the quantity last purchased, whichever is lower, frome either of which
there shall be deducted all trade discounts, except customary discounts for cash; and (ii) to
either of which there shall be added r
freight charges not otherwise included in the cost of the article, uproduct, or item of
merchandise, but which freight charges shall not be construed as including cartage to retail
outlet if done or paid for by the retailer. t
(b) The term "cost" when applicable to the business of a wholesaler shall mean bona fide
cost and shall mean: (i) The invoice cost of the merchandise to the wholesaler to include
applicable taxes, or the replacement cost of the melrchandise to the wholesaler within 30
days prior to the date of sale, offer for sale, ors advertisement for sale, as the case may be, in
the quantity last purchased, whichever is lower, from either of which there shall be deducted
all trade discounts except customary discounts for cash; and (ii) to either of which there
shall be added the following items ogf expense:
(1) Freight charges not otherwise included in the cost of the article, product, or item of
merchandise, but which freight charges shall not be construed as including cartage to the
retail outlet if done or paid for by the wholesaler;
(2) A markup to cover, in part, the cost of doing business, which markup in the absence of
proof of a lesser cost, shall be four percent of the aggregate of invoice cost or replacement
cost (whichever is used), less trade discounts as aforesaid, and plus said freight charges:
Provided, That such a markup to cover the cost of doing business as provided for in this
subWdivision shall be exclusive of any federal and state motor fuel taxes.

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