Can I use lifetime gifts exemption for giving monetary gifts to foreign spouse after going over the annual gift tax exclusion amount?

[DoninGA]

IRS Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return instructions - https://www.irs.gov/pub/irs-pdf/i709.pdf

For gifts made to spouses who are not U.S. citizens, the annual exclusion has increased to $155,000

If you have exceeded the annual exclusion amount of $15,000 for a gift given to an individual, not your spouse, you are required to file a Form 709.  If you gift over $155,000 to your foreign spouse then you are required to file a Form 709

[yoomanki]

I read the form instructions. I am unclear if I have any tax liability if I have exceeded the annual exclusion amount of $155,000. Can I qualify to use the lifetime gift exemption on any amount that exceeds the annual exclusion amount and not owe any tax? 

[DoninGA]

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@yoomanki wrote:

Can I qualify to use the lifetime gift exemption on any amount that exceeds the annual exclusion amount and not owe any tax? 

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Yes.

You will owe no taxes on any gift you have given if the total of all gifts you have given over your lifetime is under $11.4 million dollars for tax year 2019.  But that does not mean that you do not have to file a Form 709 if your gift during the tax year exceeds the exclusion amount.  The Form 709 would still have to be filed even though you owe no taxes on the gift(s) given during the year.