Selling,CGT,tax returs

[Telchris]

Advice required please on requirement when selling,need for tax returns.1 year or 2.
???
We are selling our house in France and still trying to get to the bottom of whether capital gains tax is due.
Although this is our Principal residence and our u.k house was sold prior to occupation of our French house,it would still apppear at the time of sale one needs to proove residency for a certain period in France.
I understand this was originally accepted by means of a copy of one years income tax form.
It would appear that some Notaires are requesting forms for Two years.
The laws concerning this were modified in 2004 and it appears as though the Notaires are still attempting to clarify this rule and seem to differ in thier interpretation.
Has anyone recently sold having been resident for less than 2 years.{as is our case,arrived Jan 2003.and been resident since that date.
We did not automatically recieve any tax forms and as yet have not made a declaration.{no French income,just living off savings held in England}
We do not feel it would be fair to have to pay CGT on what is our only home and are therefore anxious to clarify this.
It would also appear that if this could be a problem {the two year rule}that the only alternative is to purchase another property{smaller for example}as our potential main residence and thus avoid paying the dreaded 26 per cent.
We have extensivley renovated our existing property and therefore the plus value is considerable with 26 per cent amounting to some 15 thousand pounds.
comments gratefully recieved

[BJSLIV]

You do not seem to have made things easy for yourselves as the tax return is the prime proof the house was your main residence.
You clearly should have completed a return for last year to declare any income arising in the UK, even if no tax would have been payable.

What about your Carte De Sejour ? that might help build your case.You would have needed that from say April 2003, at the end of your first three months. If you didn't apply for one your case might be considered to be even weaker.

Have you been signed up to the health system?, obtained a Carte Vitale? Taken out Health Insurance ?

All these might help.