Welcome Wagon International, Inc. v. South Dakota Department of Revenue

FOSHEIM, Justice.

The South Dakota Department of Revenue (Department) determined that the revenues of Welcome Wagon International, Inc. (appellant), are subject to the tax imposed by the Retail Sales and Service Tax Act, SDCL ch. 10-45. The circuit court affirmed the Department’s determination. We reverse.

Appellant is a nationwide company which employs local agents to contact new residents, newlyweds and couples with a new born baby within the agent’s locality. The agent contacts these individuals at their homes, explains the various business services available within the area, and leaves them…