Related question. Is there a way to take advantage of the 18k gift tax exemption, but not give the person access to the money until a later time? Thinking about the tax advantages of transferring now with the gift exemption each year, but the person currently being young and irresponsible.
Sort of but not exactly.
In order to qualify for the $18K annual exclusion amount, it must be a "present interest", which essentially means that they have to have access to the money.
There is something called a Crummey trust and a Crummey letter, which are both named after the person who established the principle via a tax court ruling.
Essentially what you do is transfer the $18K into a trust and send the person a Crummey letter saying they have 30 days to take the money out if they want to, but after the 30 days the money has to stay in the trust.
Because they have access to the money for that 30 days, that satisfies the "present interest" requirement and thus the $18K qualifies for the annual exclusion.
I was the recipient of Crummey letters when I was younger. I was basically given the letter but then also told verbally that it would be better for me in the long run to leave the money where it was, and it was also hinted that they would disapprove of me taking out the money to the extent that future gifting might cease.
If you don't provide the Crummey letter, as I'm sure some people might be inclined to do, technically that means there is no "present interest" and therefore I think you would not qualify for the annual exemption, and you'd either be in some sort of violation of the gift tax or estate tax violation, or you'd have to fill out the gift tax form.